Writers Guild of America, West, Inc.

8 Cited authorities

Thornhill v. Alabama
310 U.S. 88 (1940) Cited 1,705 times 1 Legal Analyses
Holding that a law is overbroad if it does not aim specifically at evils within the allowable area of control, but sweeps within its ambit other activities that constitute an exercise of First Amendment rights
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
United States v. C.I.O
335 U.S. 106 (1948) Cited 173 times
Finding that the United States Supreme Court has a duty, in construing congressional enactments, to take care to interpret them so as to avoid a danger of unconstitutionality
Nat'l Labor Relations Bd. v. International Brotherhood of Electrical Workers, Local 340
481 U.S. 573 (1987) Cited 33 times 3 Legal Analyses
Holding union's policy of fining members who worked for employers not part of a CBA with the union to not constitute an unfair labor practice
American Broadcasting Cos. v. Writers Guild
437 U.S. 411 (1978) Cited 27 times
In American Broadcasting Cos. v. Writers Guild, West, Inc., 437 U.S. 411 (1978) (ABC), the Court found that discipline imposed on grievance-handling supervisors who crossed union picket lines violated § 8(b)(1)(B), even though the supervisor-members did not adjust grievances for the striking employees, but only for employees whom the striking union did not represent or desire to represent.
Maritime Overseas Corp. v. N.L.R.B
955 F.2d 212 (4th Cir. 1992) Cited 3 times
Affirming Board's finding of § 8(b)(B) violation where "exhaustive documentation" supported "finding that the picketing had a replacement objective," including announcements by union president that union "will succeed in restoring its membership to their rightful jobs and conditions" and members should do their "utmost to stop the flow of replacements"
N.L.R.B. v. Intern. Broth. of Elec. Wkrs
971 F.2d 1435 (9th Cir. 1992) Cited 1 times 1 Legal Analyses
No. 91-70120. Argued and Submitted June 4, 1992. Decided August 11, 1992. Peter Winkler, N.L.R.B., Washington, D.C., for petitioner. Helene M. Antel, Gen. Counsel, IBEW Local Union 1547, Anchorage, Alaska, for respondent. Petition for Enforcement of an order of the National Labor Relations Board. Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges. PER CURIAM. The Board petitions for enforcement of its order finding Local 1547 in violation of section 8(b)(1)(B) of the NLRA, 29 U.S.C. § 158(b)(1)(B)
Nat'l Labor Relations Bd. v. Edward G. Budd Mfg. Co.
169 F.2d 571 (6th Cir. 1948) Cited 46 times
In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.

Writers Guild of America, West, Inc.

8 Cited authorities

Holding that a law is overbroad if it does not aim specifically at evils within the allowable area of control, but sweeps within its ambit other activities that constitute an exercise of First Amendment rights

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Finding that the United States Supreme Court has a duty, in construing congressional enactments, to take care to interpret them so as to avoid a danger of unconstitutionality

Holding union's policy of fining members who worked for employers not part of a CBA with the union to not constitute an unfair labor practice

In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.