50 Cited authorities

Edelman v. Jordan
415 U.S. 651 (1974) Cited 8,150 times 1 Legal Analyses
Holding that waiver may be found in "express language" or by "overwhelming implications from the text"
Virginia Office for Protection v. Stewart
563 U.S. 247 (2011) Cited 1,319 times
Finding that the Eleventh Amendment bars damages actions asserted against a State "absent waiver or valid abrogation" of the State's sovereign immunity
Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,179 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"
Humphrey v. Moore
375 U.S. 335 (1964) Cited 759 times
Holding that the union did not breach its duty of fair representation in negotiating a deal which favored some members of the same bargaining unit over others
Breininger v. Sheet Metal Workers
493 U.S. 67 (1989) Cited 297 times
Holding that failure of union to refer plaintiff for employment was not cognizable under the LMRDA because it did not involve "discipline"
Cruz v. Local Union No. 3 of Intern. Broth
34 F.3d 1148 (2d Cir. 1994) Cited 859 times
Holding that the "community" was the Western District of New York
Ford Motor Co. v. Huffman
345 U.S. 330 (1953) Cited 875 times 1 Legal Analyses
Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts
Steele v. L. N.R. Co.
323 U.S. 192 (1944) Cited 958 times
Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"
Hans v. Louisiana
134 U.S. 1 (1890) Cited 3,340 times 4 Legal Analyses
Holding sovereign immunity bars suits against a state brought by its own citizens
Tunstall v. Brotherhood
323 U.S. 210 (1944) Cited 286 times
In Tunstall v. Brotherhood, 323 U.S. 210, the federal right was derived from the federal duty of the union to act as bargaining representative for all members of the union.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,276 times 82 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,016 times 21 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,067 times 33 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
Section 152 - Definitions
29 U.S.C. § 152 Cited 3,191 times 27 Legal Analyses
Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”
Section 1337 - Commerce and antitrust regulations; amount in controversy, costs
28 U.S.C. § 1337 Cited 3,073 times 1 Legal Analyses
Granting jurisdiction for claims arising under statutes regulating interstate commerce
Section 151 - Definitions; short title
45 U.S.C. § 151 Cited 2,948 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."
Section 290 - Purposes of article
N.Y. Exec. Law § 290 Cited 2,935 times 4 Legal Analyses
Describing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"
Section 159 - Representatives and elections
29 U.S.C. § 159 Cited 2,417 times 12 Legal Analyses
Granting a bargaining unit the exclusive right to represent employees in it
Section 465.5 - Withdrawals, discontinuances and dismissals before a hearing
N.Y. Comp. Codes R. & Regs. tit. 9 § 465.5 Cited 25 times
Intimating legislative concern that "administrative convenience dismissal" not "contravene the election of remedies provisions"

Figueroa v. Foster

50 Cited authorities

Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

Finding that the Eleventh Amendment bars damages actions asserted against a State "absent waiver or valid abrogation" of the State's sovereign immunity

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 that the union did not breach its duty of fair representation in negotiating a deal which favored some members of the same bargaining unit over others

Holding that failure of union to refer plaintiff for employment was not cognizable under the LMRDA because it did not involve "discipline"

Holding that the "community" was the Western District of New York

Holding that a union acting in its representative capacity owes a duty of fair representation to those on whose behalf it acts

Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"

Holding sovereign immunity bars suits against a state brought by its own citizens

In Tunstall v. Brotherhood, 323 U.S. 210, the federal right was derived from the federal duty of the union to act as bargaining representative for all members of the union.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting employees a wage increase without bargaining with Local 355

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Granting jurisdiction for claims arising under statutes regulating interstate commerce

Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

Describing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"

Granting a bargaining unit the exclusive right to represent employees in it

Intimating legislative concern that "administrative convenience dismissal" not "contravene the election of remedies provisions"