23 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,092 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
DelCostello v. Teamsters
462 U.S. 151 (1983) Cited 3,329 times
Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
San Diego Unions v. Garmon
359 U.S. 236 (1959) Cited 2,547 times 33 Legal Analyses
Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"
Sprague v. General Motors Corp.
133 F.3d 388 (6th Cir. 1998) Cited 1,014 times 9 Legal Analyses
Holding that the principle that the terms of the SPD control when they conflict with the terms of the underlying plan does not apply when the SPD is merely silent on an issue because "[a]n omission from the summary plan description does not, by negative implication, alter the terms of the plan itself"
Smith v. Evening News Assn
371 U.S. 195 (1962) Cited 814 times
Holding that an employee may sue for breach of a collective bargaining agreement without the union
Marks v. Newcourt Credit Group, Inc.
342 F.3d 444 (6th Cir. 2003) Cited 396 times
Holding that a single sentence in support of a claim in Appellant's brief could not overcome forfeiture
Reid v. Sears, Roebuck and Co.
790 F.2d 453 (6th Cir. 1986) Cited 548 times
Holding that a "party may not create a factual issue by filling an affidavit, after a motion for summary judgment has been made, which contradicts his or her earlier deposition testimony"
J.I. Case Co. v. Labor Board
321 U.S. 332 (1944) Cited 456 times 3 Legal Analyses
Holding that the result of a collective bargaining agreement is not "a contract of employment except in rare cases; no one has a job by reason of it and no obligation to any individual ordinarily comes into existence from it alone"
Armistead v. Vernitron Corp.
944 F.2d 1287 (6th Cir. 1991) Cited 275 times
Finding no abuse of discretion in the absence of a showing that consideration of other factors would have led to a different result
Swinney v. General Motors Corp.
46 F.3d 512 (6th Cir. 1995) Cited 83 times
Determining eligibility for layoff benefits required individualized decisionmaking regarding, among other factors, state unemployment eligibility and the amount of money in the SUB fund
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 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 10,277 times 82 Legal Analyses
Granting employees a wage increase without bargaining with Local 355

Pace Local Union, et al v. International Paper

23 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

Holding that an employee may sue for breach of a collective bargaining agreement without the union

Holding that a single sentence in support of a claim in Appellant's brief could not overcome forfeiture

Holding that a "party may not create a factual issue by filling an affidavit, after a motion for summary judgment has been made, which contradicts his or her earlier deposition testimony"

Holding that the result of a collective bargaining agreement is not "a contract of employment except in rare cases; no one has a job by reason of it and no obligation to any individual ordinarily comes into existence from it alone"

Finding no abuse of discretion in the absence of a showing that consideration of other factors would have led to a different result

Determining eligibility for layoff benefits required individualized decisionmaking regarding, among other factors, state unemployment eligibility and the amount of money in the SUB fund

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