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861 F.2d 1389·
9th Cir.·
1988-11-17
·cited 32×
The court held that the district court lacked subject matter jurisdiction over the removed complaints and should have remanded them to state court. The dismissal of the first complaint should not have had claim-preclusive effect on the second.
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682 F.2d 72·
3d Cir.·
1982-06-17
·cited 30×
A debtor-in-possession may reject a collective bargaining agreement as an executory contract, but must demonstrate that continuation of the agreement is burdensome and that rejection will assist in reorganization, requiring a careful balancing of equities. The NLRB erred in findi
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427 F.2d 170·
6th Cir.·
1970-05-19
·cited 14×
The court held that discharging employees for honoring a picket line, even if they are not members of the striking union, constitutes a violation of the NLRA if the activity is protected concerted activity for mutual aid or protection.
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440 F.2d 562·
7th Cir.·
1971-03-29
·cited 12×
An employer's lockout accompanied by continued operation with temporary replacements is an unfair labor practice, as it inherently interferes with protected employee rights.
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349 F.2d 975·
8th Cir.·
1965-08-09
·cited 12×
The court held that the trial court erred in granting judgment notwithstanding the verdict on the secondary boycott and tortious interference claims, finding that factual issues existed for the jury. The court also affirmed the denial of a new trial.
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795 F.2d 1313·
7th Cir.·
1986-07-09
·cited 6×
The court held that the respondents failed to show good cause for their untimely answer and that the Board's finding of alter ego status was supported by substantial evidence.
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322 F.2d 224·
5th Cir.·
1963-09-04
·cited 6×
The court held that the district court correctly dismissed the complaint for lack of jurisdiction, as claims involving unfair labor practices under the NLRA are within the exclusive purview of the National Labor Relations Board.
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964 F.2d 543·
6th Cir.·
1992-05-13
·cited 2×
The court held that the company's threat of plant closure was supported by substantial evidence, but its statements regarding union impact on flexibility and the layoffs themselves were not. The court reversed the Board's findings on these latter points.
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939 F.2d 1170·
5th Cir.·
1991-08-26
·cited 2×
The court held that while INS's conduct was coercive, the FLRA erred by not determining if the employee voluntarily chose to participate in the interview without representation, which is a necessary condition for the employer's third option.
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966 F.2d 861·
4th Cir.·
1992-06-02
The court held that the Board erred in finding Equitable violated §§ 8(a)(1) and (a)(3) by retaliating against McHale and violated § 8(a)(5) by failing to bargain, but affirmed the finding of § 8(a)(1) violations for implied threats.