Tubari Ltd., Inc.

14 Cited authorities

Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,209 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Labor Board v. Parts Co.
375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
N.L.R.B. v. Armcor Industries, Inc.
535 F.2d 239 (3d Cir. 1976) Cited 51 times
Denying enforcement of bargaining orders
N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
Frito-Lay, Inc. v. N.L.R.B
585 F.2d 62 (3d Cir. 1978) Cited 23 times
Reopening of uneconomic plant would cost one million dollars plus operating loss of several hundred thousand dollars a year
Nat'l Labor Relations Bd. v. Heads & Threads Co.
724 F.2d 282 (2d Cir. 1983) Cited 15 times
Finding substantial evidence that an employee had been discharged when the employee was instructed to leave work and in fact did so, the employee did not punch his time card, and other employees also believed he had been fired
Atlas Metal Parts Co., Inc. v. N.L.R.B
660 F.2d 304 (7th Cir. 1981) Cited 13 times
Denying enforcement to Board order requiring the provision of subcontracting information because insufficient showing of relevance
Struthers Wells Corp. v. N.L.R.B
721 F.2d 465 (3d Cir. 1983) Cited 9 times
Refusing to enforce Board order finding unfair labor practice in company's insistence upon merit pay and other contract proposals
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Tubari Ltd., Inc.

14 Cited authorities

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”

Denying enforcement of bargaining orders

In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.

Reopening of uneconomic plant would cost one million dollars plus operating loss of several hundred thousand dollars a year

Finding substantial evidence that an employee had been discharged when the employee was instructed to leave work and in fact did so, the employee did not punch his time card, and other employees also believed he had been fired

Denying enforcement to Board order requiring the provision of subcontracting information because insufficient showing of relevance

Refusing to enforce Board order finding unfair labor practice in company's insistence upon merit pay and other contract proposals

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions