United States Service Industries

12 Cited authorities

Machinists v. Wisconsin Emp. Rel. Comm'n
427 U.S. 132 (1976) Cited 464 times 17 Legal Analyses
Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Auto. Workers v. Wis. Board
336 U.S. 245 (1949) Cited 209 times 2 Legal Analyses
Holding that issuance of injunction by state labor relations authority that orders state employees back to work does not violate Thirteenth Amendment because employees had the right to quit employment
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Marlene Industries Corp. v. N.L.R.B
712 F.2d 1011 (6th Cir. 1983) Cited 36 times
In Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.
N.L.R.B. v. Hartmann Luggage Company
453 F.2d 178 (6th Cir. 1971) Cited 25 times
Holding that a striker who told a supervisor that it would be a shame for the strikers to have to kill him was protected because his statement was obviously hyperbole
N.L.R.B. v. Robertson Industries
560 F.2d 396 (9th Cir. 1977) Cited 8 times
Protesting working conditions is protected by Section 7
N.L.R.B. v. Regal Aluminum, Inc.
436 F.2d 525 (8th Cir. 1971) Cited 8 times
In NLRB v. Regal Aluminum, Inc., 436 F.2d 525, 529 (8th Cir. 1971), we stated that the "Board draws on a fund of knowledge and expertise all its own, and its choice of remedy must therefore be given special respect by reviewing courts.... `[I]t is usually better to minimize the opportunity for reviewing courts to substitute their discretion for that of the agency.'"
THE LULU
77 U.S. 192 (1869) Cited 7 times
DECEMBER TERM, 1869. The Grapeshot (9 Wallace, 129) affirmed on the second point adjudged therein (pp. 133-141); and the doctrine again declared, that in the case of a lien asserted against a vessel supplied or repaired in a foreign part, necessity for credit must be presumed where it appears that the repairs and supplies for which a lien is set up were ordered by the master, and that they were necessary for the ship when lying in port, or to fit her for an intended voyage, unless it is shown that
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,321 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
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

United States Service Industries

12 Cited authorities

Holding that state law is preempted where it would upset the congressionally defined balance of power between management and labor by regulating activity Congress deliberately left unregulated

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Holding that issuance of injunction by state labor relations authority that orders state employees back to work does not violate Thirteenth Amendment because employees had the right to quit employment

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

In Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.

Holding that a striker who told a supervisor that it would be a shame for the strikers to have to kill him was protected because his statement was obviously hyperbole

Protesting working conditions is protected by Section 7

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

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