Universal Fuel, Inc.

22 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,674 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Marquez v. Screen Actors Guild
525 U.S. 33 (1998) Cited 419 times 2 Legal Analyses
Holding that discretionary actions taken by the union on a member's behalf are not arbitrary even where the member can demonstrate they were "erroneous or unsuccessful."
H. K. Porter Co. v. Nat'l Labor Relations Bd.
397 U.S. 99 (1970) Cited 222 times 2 Legal Analyses
Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
Labor Board v. American Ins. Co.
343 U.S. 395 (1952) Cited 269 times
Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee
415 U.S. 322 (1974) Cited 76 times
In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.
Nat'l Labor Relations Bd. v. Reed Prince MFG
205 F.2d 131 (1st Cir. 1953) Cited 118 times
In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."
Engelhard Corp. v. N.L.R.B
437 F.3d 374 (3d Cir. 2006) Cited 15 times
Reiterating "the well established principles of contract construction—to read, if possible, all provisions of a contract together as a harmonious whole"
N.L.R.B. v. A-1 King Size Sandwiches, Inc.
732 F.2d 872 (11th Cir. 1984) Cited 33 times 1 Legal Analyses
Listing mandatory subjects of bargaining
N.L.R.B. v. Overnite Transp. Co.
938 F.2d 815 (7th Cir. 1991) Cited 23 times
Holding that employer engaged in surface bargaining despite the fact employer had attended six bargaining sessions with union, commented on proposals, offered counterproposals, and maintained bargaining stance that had at least some merit, because vice president of employer expressly stated that employer would not sign contract with union, openly threatened to shut down terminal in order to defeat union, and implied that employer would force strike situation and permanently dismiss those employees who left to join picket lines
Munir v. Scott
12 F.3d 213 (6th Cir. 1993) Cited 19 times
Listing substantially similar factors
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,316 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355

Universal Fuel, Inc.

22 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that discretionary actions taken by the union on a member's behalf are not arbitrary even where the member can demonstrate they were "erroneous or unsuccessful."

Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.

In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."

Reiterating "the well established principles of contract construction—to read, if possible, all provisions of a contract together as a harmonious whole"

Listing mandatory subjects of bargaining

Listing substantially similar factors

Granting employees a wage increase without bargaining with Local 355