National Labor Relations Act § 7

363 Florida cases classified under this topic · sorted by citation count · browse and sort

• News-Texan, Inc. v. Nat'l Labor Relations Bd.
  422 F.2d 381· 5th Cir.· 1970-01-09 ·cited 13×
  The court held that the company's supplementary statements undermining a settlement agreement constituted a breach, justifying the Board's revocation of the settlement, and that the discharge of an employee for union-related activities violated the National Labor Relations Act.
• Tile v. Tile
  896 F.2d 1404· 3d Cir.· 1990-02-23 ·cited 12×
  The court held that a local union dissolved by mass resignation cannot be subjected to a trusteeship by the parent union, and that while a mortuary fund created before dissolution was valid, the transfer of real estate was an improper disbursement subject to forfeiture.
• Ewing v. Nat'l Labor Relations Bd.
  732 F.2d 1117· 2d Cir.· 1984-04-17 ·cited 12×
  The court held that the National Labor Relations Board's reversal of the administrative law judge's findings was not supported by substantial evidence, but remanded the case due to a subsequent change in Board precedent.
• Delchamps, Inc. v. Nat'l Labor Relations Bd.
  588 F.2d 476· 5th Cir.· 1979-01-25 ·cited 12×
  The court held that the National Labor Relations Board failed to present substantial evidence that Delchamps' wage increase was an unfair labor practice intended to impede unionization.
• Timpte v. Nat'l Labor Relations Bd.
  590 F.2d 871· 10th Cir.· 1979-01-19 ·cited 12×
  An employer may prohibit the distribution of defamatory and vulgar literature in the workplace and discharge an employee for insubordination when they refuse to agree to such restrictions.
• Marshall v. Daniel Constr. Co., Inc.
  563 F.2d 707· 5th Cir.· 1977-11-21 ·cited 12×
  The dissenting judge argues that the Secretary of Labor's regulation, allowing employees to refuse work in imminent danger without penalty, is reasonably related to the Occupational Safety and Health Act's purposes and should not be invalidated based on legislative history.
• MT. Vernon Tanker Co. v. Nat'l Labor Relations Bd.
  549 F.2d 571· 9th Cir.· 1977-03-04 ·cited 12×
  Requiring a seaman to attend a logging proceeding without a union representative does not violate Section 8(a)(1) of the National Labor Relations Act in the maritime context.
• Nat'l Labor Relations Bd. v. Prescott Indus. Prods. Co.
  500 F.2d 6· 8th Cir.· 1974-07-16 ·cited 12×
  The court held that an employee's insubordinate conduct during a company speech, even if related to union activity, can be grounds for discharge if it is flagrant and disrupts management's right to maintain order. However, an employer interrogating employees about union activitie
• Mobil OIL Corp. v. Nat'l Labor Relations Bd.
  482 F.2d 842· 7th Cir.· 1973-07-17 ·cited 12×
  The court held that employees do not have a statutory right to union representation at management-conducted, investigatory interviews concerning suspected theft, absent a contractual provision or employer anti-union motivation.
• Int'l Ass'n OF MacHinists & Aerospace Workers, Dist. NO. 8, AFL-CIO v. J. L. Clark Co.
  471 F.2d 694· 7th Cir.· 1972-11-20 ·cited 12×
  The dissenting judge would hold that Cinelli was not entitled to reassume his employment until a vacancy occurred, as Hinsch, who took permanent employee status during the strike, should be protected.
• Nat'l Labor Relations Bd. v. Int'l van Lines
  448 F.2d 905· 9th Cir.· 1971-09-03 ·cited 12×
  The court held that the company's discharge of four employees for refusing to cross a picket line was an unfair labor practice, but remanded the case for further findings regarding the employees' entitlement to reinstatement as economic strikers.
• Local Freight Drivers v. Braswell Motor Freight Lines, Inc.
  422 F.2d 109· 9th Cir.· 1970-02-10 ·cited 12×
  The court held that the grievance committees established under the 1964 agreement had jurisdiction to hear grievances arising under the 1961 agreement, that the committee's decision was final and binding, and that the grievances were arbitrable.
• Nat'l Labor Relations Bd. v. Sequoyah Mills, Inc.
  409 F.2d 606· 10th Cir.· 1969-04-15 ·cited 12×
  The court held that the Board's order to reinstate employees Pyle, Steen, and Kane with back pay should be enforced, but the order as to employee Taylor should not be enforced.
• LTV Electrosystems, Inc. v. Nat'l Labor Relations Bd.
  408 F.2d 1122· 4th Cir.· 1969-03-28 ·cited 12×
  The court held that the employees were unlawfully discharged, not that they voluntarily quit, and are entitled to reinstatement with backpay.
• Morrison-Knudsen Co., Inc. v. Nat'l Labor Relations Bd.
  358 F.2d 411· 9th Cir.· 1966-03-24 ·cited 12×
  The court held that discharging employees for protesting unsafe working conditions, even if not directly related to collective bargaining, constitutes protected concerted activity under Section 7 of the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. S. Transp., Inc.
  343 F.2d 558· 8th Cir.· 1965-04-14 ·cited 12×
  The court granted the National Labor Relations Board's petition for enforcement of its order, finding substantial evidence supported the Board's conclusion that the respondent failed to bargain in good faith.
• MacKAY v. Loew's, Inc.
  182 F.2d 170· 9th Cir.· 1950-05-01 ·cited 12×
  Under California law, an employer is not liable to individual employees for discharging them in violation of a closed shop agreement, as the contract's benefit accrues to the union, not the individual members.
• Nat'l Labor Relations Bd. v. Am. White Cross Labs., Inc.
  160 F.2d 75· 2d Cir.· 1947-02-19 ·cited 12×
  The court held that the company's discharge of an employee for testifying at a Board hearing and for union activity violated the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Arma Corp. (independent Instrument Makers & MacHinists Council
  122 F.2d 153· 2d Cir.· 1941-07-23 ·cited 12×
  The court held that the National Labor Relations Board's order to disestablish a company-dominated union was not warranted, but upheld findings of discriminatory discharges for union activity.
• Nat'l Labor Relations Bd. v. Int'l Bhd. OF Elec. Workers
  758 F.2d 436· 9th Cir.· 1985-04-18 ·cited 10×
  The court held that it lacked jurisdiction to consider the Union's defense because the issue was not raised before the National Labor Relations Board, and that substantial evidence supported the Board's finding that the Union violated the Act by fining an employer-member to encou
• Nat'l Labor Relations Bd. v. Local Union NO. 46
  727 F.2d 234· 2d Cir.· 1984-01-31 ·cited 10×
  The court should have enforced the Board's order finding the successor International Union (Carpenters) guilty of an unfair labor practice and secondarily liable.
• S. Moldings, Inc. v. Nat'l Labor Relations Bd.
  715 F.2d 1069· 6th Cir.· 1983-08-23 ·cited 10×
  The court held that the National Labor Relations Board's findings of unfair labor practices and its issuance of a bargaining order were supported by substantial evidence and within its discretion.
• COIL-A.C.C., Inc. v. Nat'l Labor Relations Bd.
  712 F.2d 1074· 6th Cir.· 1983-07-25 ·cited 10×
  The court enforced the NLRB's order, finding the employer committed unfair labor practices and that the broad injunctive relief and bargaining order were justified.
• Midstate Tel. Corp. v. Nat'l Labor Relations Bd.
  706 F.2d 401· 2d Cir.· 1983-04-20 ·cited 10×
  The court held that prohibiting employees from wearing T-shirts with a cracked company logo was permissible, but refusing to reimburse employee negotiators for expenses incurred during a strike violated the National Labor Relations Act.
• Roadway Express, Inc. v. Nat'l Labor Relations Bd.
  700 F.2d 687· 11th Cir.· 1983-03-17 ·cited 10×
  An individual employee's assertion of rights created by a collective bargaining agreement does not constitute 'concerted activities' under Section 7 of the NLRA unless it initiates, induces, or prepares for group action.
• Nat'l Labor Relations Bd. v. Babcock & Wilcox Co.
  697 F.2d 724· 6th Cir.· 1983-01-10 ·cited 10×
  The court held that a principal union representative has an affirmative duty to inform union members that a strike is unlawful and opposed by the union, even without explicit contractual language.
• Chicago Magnesium Castings Co. v. Nat'l Labor Relations Bd.
  612 F.2d 1028· 7th Cir.· 1980-01-07 ·cited 10×
  The court held that the company committed unfair labor practices by interfering with an internal union election, unlawfully laying off an employee for protected activities, and refusing to honor the grievance provisions of its collective bargaining agreement.
• Delchamps, Inc. v. Nat'l Labor Relations Bd.
  585 F.2d 91· 5th Cir.· 1978-11-27 ·cited 10×
  The court held that the employer's surveillance and threats violated the NLRA, but the discharge of an employee was not proven to be unlawfully motivated by union activity.
• Nat'l Labor Relations Bd. v. Allis-Chalmers Corp.
  563 F.2d 674· 5th Cir.· 1977-11-18 ·cited 10×
  The court held that the Board's order should be modified to prohibit the company from interfering with employee rights in a 'like or related manner,' rather than the broader 'in any other manner' initially ordered.
• United Merchs. & Mfrs., Inc. v. Nat'l Labor Relations Bd.
  554 F.2d 1276· 4th Cir.· 1977-05-09 ·cited 10×
  Substantial evidence supports the NLRB's findings that employees were discharged for engaging in a protected walkout and that a preceding work stoppage was protected concerted activity.
• Nat'l Labor Relations Bd. v. S & S Prod. Eng'g Servs., Inc.
  513 F.2d 1311· 6th Cir.· 1975-04-10 ·cited 10×
  An offer by a labor union to waive initiation fees for all employees in a bargaining unit, regardless of when they join, does not improperly interfere with employee free choice in an election.
• Local #1547, Int'l Bhd. OF Elec. Workers, AFL-CIO v. Local #959
  507 F.2d 872· 9th Cir.· 1974-11-18 ·cited 10×
  The court held that while a district court lacks jurisdiction to specifically enforce a no-raid agreement that conflicts with NLRB action, it may still have jurisdiction to consider a claim for damages for breach of such an agreement.
• Nat'l Labor Relations Bd. v. Evans Packing Co.
  463 F.2d 193· 6th Cir.· 1972-06-15 ·cited 10×
  The court held that the Board's order requiring reinstatement and backpay for a discharged employee should be enforced, finding substantial evidence supported the Board's determination of an unfair labor practice.
• Nat'l Labor Relations Bd. v. Swain & Morris Constr. Co.
  431 F.2d 861· 9th Cir.· 1970-08-06 ·cited 10×
  The court held that there was substantial evidence to support the National Labor Relations Board's finding that the primary motivation for the employees' discharge was their protected union activities, not bona fide business considerations.
• Scofield v. Nat'l Labor Relations Bd.
  393 F.2d 49· 7th Cir.· 1968-03-05 ·cited 10×
• Philadelphia Moving Picture Mach. Operators' Union v. Nat'l Labor Relations Bd.
  382 F.2d 598· 3d Cir.· 1967-08-01 ·cited 10×
  A union commits an unfair labor practice by expelling a member when motivated in part by the member's action in causing the union to be charged with discriminatorily debarring a non-member from employment.
• Nat'l Labor Relations Bd. v. Int'l Longshoremen's & Warehousemen's Union
  378 F.2d 125· 9th Cir.· 1967-04-18 ·cited 10×
  The court held that there was substantial evidence supporting the Board's findings that the union committed unfair labor practices by restraining employees' protected concerted activities and by causing employers to discriminate against them to encourage union membership.
• Am. ART Clay Co., Inc. v. Nat'l Labor Relations Bd.
  328 F.2d 88· 7th Cir.· 1964-02-19 ·cited 10×
  The court held that the employees' walkout over terms and conditions of employment was a protected activity, and their discharge was an unlawful violation of the Act, as the employer knew or should have known of the protected nature of the activity.
• Nat'l Labor Relations Bd. v. Lee-Rowan Co.
  316 F.2d 209· 8th Cir.· 1963-04-24 ·cited 10×
  The court granted the National Labor Relations Board's petition for enforcement of its order requiring the company to bargain with the certified union.
• Nat'l Labor Relations Bd. v. Int'l Ass'n OF MacHinists, Aeronautical Indus. Dist. Lodge 727 & Local Lodge 758, AFL-CIO
  279 F.2d 761· 9th Cir.· 1960-06-04 ·cited 10×
  The court held that the union violated the National Labor Relations Act by maintaining a discriminatory contract and causing the employer to discriminate against employees regarding seniority rights, but modified the Board's order to be less broad.
• Nat'l Labor Relations Bd. v. Newspaper & Mail Deliverers' Union OF NEW York & Vicinity
  246 F.2d 62· 3d Cir.· 1957-06-25 ·cited 10×
  The court held that compliance with a Board order does not moot the case, and the Board has discretion to seek enforcement against one party while not against another.
• Nat'l Labor Relations Bd. v. Furriers Joint Council of N.Y.
  224 F.2d 78· 2d Cir.· 1955-06-21 ·cited 10×
  The court held that employees who violate valid provisions of a collective bargaining agreement lose the protection of Section 7 of the Act, and a union's actions against such employees do not constitute an unfair labor practice under Section 8(b)(1)(A).
• Nat'l Labor Relations Bd. v. Hoppes MFG. Co.
  170 F.2d 962· 6th Cir.· 1948-11-29 ·cited 10×
  The court held that the respondent employer unlawfully restrained and coerced employees by threatening to close the plant if the union persisted and unlawfully refused to bargain collectively with the union.
• Nat'l Labor Relations Bd. v. Brown Co.
  160 F.2d 449· 1st Cir.· 1947-03-05 ·cited 10×
  The dissenting judge would find that the employer interfered with employees' rights by allowing supervisors to participate in union formation, constituting an unfair labor practice.
• Nat'l Labor Relations Bd. v. Fairmont Creamery Co.
  143 F.2d 668· 10th Cir.· 1944-07-03 ·cited 10×
  The court held that the employer's actions and statements, which interfered with employees' union activities, constituted unfair labor practices under the National Labor Relations Act.
• Emery Realty, Inc. v. Nat'l Labor Relations Bd.
  863 F.2d 1259· 6th Cir.· 1988-12-19 ·cited 8×
  The court held that the National Labor Relations Board's order requiring Emery Realty to allow nonemployee union representatives to distribute handbills on its property was enforceable, as the union lacked reasonable alternative means to reach hotel employees.
• Am. Commercial Barge Lines Co. v. Seafarers Int'l Union OF N. Am.
  730 F.2d 327· 5th Cir.· 1984-04-23 ·cited 8×
  The court held that the employers' claim for damages under § 302(e) of the LMRA was properly dismissed as the statute does not provide a private cause of action for damages. The court also held that the employers' request for an injunction against union strikes and bargaining dem
• Nat'l Labor Relations Bd. v. Saint Vincent's Hosp.
  729 F.2d 730· 11th Cir.· 1984-04-09 ·cited 8×
  The court held that the hospital's overly broad 'no insignia' rule and solicitation of employee surveillance violated the Act, but that supervisor Vann's questioning of an employee was a valid security inquiry. The court also found substantial evidence supported the Board's findi
• Burger King Corp. v. Nat'l Labor Relations Bd.
  725 F.2d 1053· 6th Cir.· 1984-01-13 ·cited 8×
  The court held that Burger King's prohibition of union buttons was not justified by special circumstances, violating Section 8(a)(1) of the Act.
• E.I. DU Pont de Nemours & Co. (Chestnut RUN) v. Nat'l Labor Relations Bd.
  724 F.2d 1061· 3d Cir.· 1983-12-29 ·cited 8×
  The court held that the Board's order could not be enforced due to the ALJ and Board's failure to apply the correct burden of proof and causation standards, and the lack of clear articulation of the basis for their findings.