United Packinghouse Workers of America

8 Cited authorities

U.S. v. Amer. Trucking Ass'ns
310 U.S. 534 (1940) Cited 1,677 times 2 Legal Analyses
Finding the purpose of the statute should be followed when the literal words would be at odds "with the policy of the legislation as a whole"
Elgin, J. E.R. Co. v. Burley
325 U.S. 711 (1945) Cited 815 times
Holding that 45 U.S.C. § 153 vests in each individual rail employee the right to share in negotiations over his grievance; to have notice of his NRAB hearing; to be heard before the NRAB; and to bring an enforcement suit
Ozawa v. United States
260 U.S. 178 (1922) Cited 181 times
In Ozawa v. United States, 260 U.S. 178, 194, we said "It is the duty of this Court to give effect to the intent of Congress. Primarily this intent is ascertained by giving the words their natural significance, but if this leads to an unreasonable result plainly at variance with the policy of the legislation as a whole, we must examine the matter further.
Hughes Tool Co. v. National Labor Relations Bd.
147 F.2d 69 (5th Cir. 1945) Cited 60 times
In Hughes Tool Co. v. NLRB, 147 F.2d 69 (5th Cir. 1945), the court dealt with a prior version of § 9(a) which did not expressly guarantee the Union's right to be present at the adjustment of grievances. Nevertheless, the court found that such a right existed, and stated that it could be waived.
Thomas et al. v. Scutt
127 N.Y. 133 (N.Y. 1891) Cited 220 times
In Thomas v. Scutt (127 N.Y. 133, 138), the Court of Appeals stated the rule as follows: "The writing must not appear upon inspection to be a complete contract, embracing all the particulars necessary to make a perfect agreement and designed to express the whole arrangement between the parties, for in such a case it is conclusively presumed to embrace the entire contract."
Pink v. American Surety Co.
28 N.E.2d 842 (N.Y. 1940) Cited 25 times 1 Legal Analyses
In Pink, the Superintendent of Insurance brought an action to disaffirm the fraudulent transfer of mortgages by defendant.
Newburger v. American Surety Co.
242 N.Y. 134 (N.Y. 1926) Cited 35 times
In Newburger, the court stated: "[i]t was not necessary that both parties should sign the contract to make it an agreement in writing. If a person has accepted a written agreement and has acted upon it he is bound by it, although he may not have set his hand to the document."
Edison El. Ill. Co. v. Thacher
128 N.E. 124 (N.Y. 1920) Cited 29 times
In Edison Electric Illuminating Co. v. Thacher, 229 N.Y. 172, 178, 128 N.E. 124, Judge Crane referred to Wells v. Alexandre as presenting "an exceptional form of contract."

United Packinghouse Workers of America

8 Cited authorities

Finding the purpose of the statute should be followed when the literal words would be at odds "with the policy of the legislation as a whole"

Holding that 45 U.S.C. § 153 vests in each individual rail employee the right to share in negotiations over his grievance; to have notice of his NRAB hearing; to be heard before the NRAB; and to bring an enforcement suit

In Hughes Tool Co. v. NLRB, 147 F.2d 69 (5th Cir. 1945), the court dealt with a prior version of § 9(a) which did not expressly guarantee the Union's right to be present at the adjustment of grievances. Nevertheless, the court found that such a right existed, and stated that it could be waived.

In Pink, the Superintendent of Insurance brought an action to disaffirm the fraudulent transfer of mortgages by defendant.

In Newburger, the court stated: "[i]t was not necessary that both parties should sign the contract to make it an agreement in writing. If a person has accepted a written agreement and has acted upon it he is bound by it, although he may not have set his hand to the document."

In Edison Electric Illuminating Co. v. Thacher, 229 N.Y. 172, 178, 128 N.E. 124, Judge Crane referred to Wells v. Alexandre as presenting "an exceptional form of contract."