Thunderbird Hotel, Inc.

27 Cited authorities

Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Drivers Union v. Meadowmoor Co.
312 U.S. 287 (1941) Cited 382 times
Holding an injunction banning picketing was "justified only by the violence that induced it and only so long as it counteracts a continuing intimidation"
Labor Board v. Link-Belt Co.
311 U.S. 584 (1941) Cited 338 times
Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"
I.A. of M. v. Labor Board
311 U.S. 72 (1940) Cited 317 times
In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."
Pittsburgh Glass Co. v. Board
313 U.S. 146 (1941) Cited 294 times
In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.
H.J. Heinz Co. v. Labor Board
311 U.S. 514 (1941) Cited 241 times 1 Legal Analyses
In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.
United States v. Minker
312 F.2d 632 (3d Cir. 1962) Cited 77 times
Contemplating potential for § 7203 to be a lesser included offense to a § 7201 charge, depending upon the facts at issue
N.L.R.B. v. O.K. Van Storage, Inc.
297 F.2d 74 (5th Cir. 1961) Cited 50 times
In NLRB v. O.K. Van Storage, Inc., (5 Cir. 1961) 297 F.2d 74, 76, the necessity for granting a hearing on objections to an election was under consideration.
United Mine Wkrs. of Am. v. Meadow Creek Coal
263 F.2d 52 (6th Cir. 1959) Cited 46 times
In Meadow Creek, we relied heavily on the Chattanooga Foundry cases in which the courts focused almost exclusively on the nature of the harm inflicted rather than the reasons that the conduct in question was unlawful as reflected in the elements of the cause of action.
Nat'l Labor Relations Bd. v. Ferguson
257 F.2d 88 (5th Cir. 1958) Cited 38 times
No. 16973. June 30, 1958. Thomas J. McDermott, Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner. George E. Seay, Ralph W. Malone, Malone, Lipscomb Seay, Dallas, Tex., for respondent. Before TUTTLE, BROWN and WISDOM, Circuit Judges. JOHN R. BROWN, Circuit Judge. This is a Petition by the Board for enforcement of an Order, 118 N.L.R.B. No. 30, finding the Employer, Shovel Supply Company, guilty of 8(a)(1), 29 U.S.C.A. § 158(a)(1), violations and requiring the reinstatement of four
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,091 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Thunderbird Hotel, Inc.

27 Cited authorities

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding an injunction banning picketing was "justified only by the violence that induced it and only so long as it counteracts a continuing intimidation"

Finding a violation of the Act when a supervisor mistakenly believed an employee was involved with the union and discharged him "because of his alleged union activities"

In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.

In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.

Contemplating potential for § 7203 to be a lesser included offense to a § 7201 charge, depending upon the facts at issue

In NLRB v. O.K. Van Storage, Inc., (5 Cir. 1961) 297 F.2d 74, 76, the necessity for granting a hearing on objections to an election was under consideration.

In Meadow Creek, we relied heavily on the Chattanooga Foundry cases in which the courts focused almost exclusively on the nature of the harm inflicted rather than the reasons that the conduct in question was unlawful as reflected in the elements of the cause of action.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"