Tomar Products, Inc.

14 Cited authorities

Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
Labor Bd. v. Washington Aluminum Co.
370 U.S. 9 (1962) Cited 206 times 3 Legal Analyses
Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections
Labor Board v. Fansteel Corp.
306 U.S. 240 (1939) Cited 281 times
In Fansteel, the Board awarded reinstatement with backpay to employees who engaged in a "sit down strike" that led to confrontation with local law enforcement officials.
Labor Board v. Electrical Workers
346 U.S. 464 (1953) Cited 125 times 41 Legal Analyses
Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute
Southern S.S. Co. v. Labor Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
Labor Board v. Sands Mfg. Co.
306 U.S. 332 (1939) Cited 139 times
In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.
Joanna Cotton Mills v. Nat'l Labor Relations Bd.
176 F.2d 749 (4th Cir. 1949) Cited 60 times
Holding that circulation of a petition by an employee for the removal of a foreman against whom the employee held a personal grudge was not protected activity
N.L.R.B. v. Solo Cup Company
237 F.2d 521 (8th Cir. 1956) Cited 40 times
No. 15524. October 18, 1956. Rehearing Denied November 16, 1956. Samuel M. Singer, Atty., N.L.R.B., Washington, D.C. (Theophil C. Kammholz, Gen. Counsel, David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Nancy M. Sherman, Atty., N.L.R.B., Washington, D.C., were with him on the brief), for petitioner. John J. Hasburgh, Kansas City, Mo. (Carl E. Enggas and Watson S. Marshall Enggas, Kansas City, Mo., were with him on the brief), for respondent. Before WOODROUGH
Nat'l Labor Relations Bd. v. Montgomery Ward
157 F.2d 486 (8th Cir. 1946) Cited 50 times
In NLRB v. Montgomery Ward Co., 157 F.2d 486 (8th Cir. 1946), the employees remained on their job but refused to handle any clerical work originating from another of the employer's plants which was on strike.
Nat'l Labor Relations Bd. v. Draper Corp.
145 F.2d 199 (4th Cir. 1944) Cited 48 times
No. 5239. October 6, 1944. On Petition for Enforcement of an Order of the National Labor Relations Board. Petition by the National Labor Relations Board for enforcement of an order of the Board which directed the Draper Corporation to cease and desist from unfair labor practices. Petition denied. Guy Farmer, Associate General Counsel, National Labor Relations Board, of Washington, D.C. (Alvin J. Rockwell, General Counsel, Malcolm F. Halliday, Associate General Counsel, Joseph B. Robison, and Dominick

Tomar Products, Inc.

14 Cited authorities

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

In Fansteel, the Board awarded reinstatement with backpay to employees who engaged in a "sit down strike" that led to confrontation with local law enforcement officials.

Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”

In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.

Holding that circulation of a petition by an employee for the removal of a foreman against whom the employee held a personal grudge was not protected activity

In NLRB v. Montgomery Ward Co., 157 F.2d 486 (8th Cir. 1946), the employees remained on their job but refused to handle any clerical work originating from another of the employer's plants which was on strike.