National Labor Relations Act § 7

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

• Nat'l Labor Relations Bd. v. Parr Lance Ambulance Serv.
  723 F.2d 575· 7th Cir.· 1983-12-14 ·cited 8×
  The court held that an ambulance driver refusing to operate an ambulance lacking required medical equipment engaged in protected concerted activity under the NLRA, and the employer's discharge of the driver violated the Act.
• Sanders v. Youthcraft Coats & Suits, Inc.
  700 F.2d 1226· 8th Cir.· 1983-03-03 ·cited 8×
  The court affirmed the district court's judgment, holding that the Union did not breach its duty of fair representation and the employer had good cause for termination.
• United States Steel Corp. v. Nat'l Labor Relations Bd.
  682 F.2d 98· 3d Cir.· 1982-06-29 ·cited 8×
  The court held that an employer's photographing of employees engaged in protected concerted activity does not constitute a per se violation of Section 8(a)(1) of the NLRA, and must be assessed based on the surrounding circumstances.
• Int'l Longshoremen's Ass'n, AFL-CIO v. The Waterfront Comm'n OF NEW York Harbor & Robert Abrams
  642 F.2d 666· 2d Cir.· 1981-02-25 ·cited 8×
  The court held that provisions of the Waterfront Commission Act barring convicted felons from union office are constitutional, but the prohibition on dues collection is also constitutional and not an infringement on First Amendment rights.
• Frank Briscoe Inc. v. Nat'l Labor Relations Bd.
  637 F.2d 946· 3d Cir.· 1981-01-06 ·cited 8×
  The court held that employer retaliation for filing EEOC charges, while potentially an unfair employment practice under Title VII, is not necessarily an unfair labor practice under the NLRA, especially when the underlying right did not exist prior to Title VII.
• Dycus v. Nat'l Labor Relations Bd.
  615 F.2d 820· 9th Cir.· 1980-02-22 ·cited 8×
  The court held that the National Labor Relations Board properly dismissed an unfair labor practice complaint, finding that the transfer of jurisdiction over a bargaining unit was an internal union matter and that the unions did not breach their duty of fair representation by fail
• Nat'l Labor Relations Bd. v. KEY Motors Corp.
  579 F.2d 1388· 7th Cir.· 1978-08-09 ·cited 8×
  The National Labor Relations Board cannot order an employer to bargain for a reasonable time after a settlement agreement if the employer never refused to bargain prior to the settlement and the union subsequently lost majority support.
• Nat'l Labor Relations Bd. v. Division
  570 F.2d 742· 8th Cir.· 1978-02-14 ·cited 8×
  The court held that the National Labor Relations Board's order was not supported by substantial evidence and therefore denied enforcement.
• Nat'l Labor Relations Bd. v. Goodyear Aerospace Corp.
  497 F.2d 747· 6th Cir.· 1974-06-04 ·cited 8×
  The court held that Goodyear's refusal to provide financial data to the Union was not an unfair labor practice, but its direct appeal to employees to bypass the Union was a violation of the Act.
• Local 1255, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Nat'l Labor Relations Bd.
  456 F.2d 1214· 5th Cir.· 1972-03-15 ·cited 8×
  A union member who resigns during a strike and crosses the picket line may be fined by the union for post-resignation strikebreaking, provided the fine is only enforceable by expulsion from the union.
• Gen. Tire & Rubber Co. v. Nat'l Labor Relations Bd.
  451 F.2d 257· 1st Cir.· 1971-11-22 ·cited 8×
  An employer cannot discharge an employee for refusing to perform struck work, even if the employee crossed a picket line to enter the plant.
• General Truck Drivers v. Nat'l Labor Relations Bd.
  410 F.2d 1344· 5th Cir.· 1969-05-15 ·cited 8×
  The court held that the Union violated Section 8(b)(1)(A) by coercing employees through threats of physical harm and intimidation, both to strike and to refrain from joining a rival union.
• Madison Brass Works, Inc. v. Nat'l Labor Relations Bd.
  381 F.2d 854· 7th Cir.· 1967-07-14 ·cited 8×
  The court held that the employer's speech, poll, and unilateral wage increases constituted unfair labor practices, and that the employer's doubt of the union's majority was not in good faith.
• Nat'l Labor Relations Bd. v. Brownwood Mfg. Co.
  363 F.2d 136· 5th Cir.· 1966-07-08 ·cited 8×
  The court held that while predictions of economic consequences from unionization are protected speech, statements threatening discharge due to stricter work rules under unionization are not.
• Nat'l Labor Relations Bd. v. United Bhd. of Carpenters & Joiners of Am.
  321 F.2d 126· 9th Cir.· 1963-07-15 ·cited 8×
  The court granted the National Labor Relations Board's petition for enforcement of its order against the Union, finding substantial evidence supported the closed shop violation and the proposed remedy was reasonable.
• Nat'l Labor Relations Bd. v. Gibbs Corp. & S. Shipbuilding, Inc.
  297 F.2d 649· 5th Cir.· 1962-01-02 ·cited 8×
  The court held that while the employer committed unfair labor practices by assaulting union organizers, the Board's order requiring the employer to protect all persons on its property from violence was overly broad.
• Nat'l Labor Relations Bd. v. Braswell Motor Freight Lines
  209 F.2d 622· 5th Cir.· 1954-01-29 ·cited 8×
  The court held that while the employer unlawfully favored an independent union, it did not unlawfully dominate or interfere with its formation or administration, and thus modified the Board's order accordingly.
• Nat'l Labor Relations Bd. v. May Dep't Stores Co.
  162 F.2d 247· 8th Cir.· 1947-06-20 ·cited 8×
  The court held that the National Labor Relations Board's findings of fact, based on the evidence presented, are conclusive and not subject to review by the court.
• Nat'l Labor Relations Bd. v. Elyria Tel. Co.
  158 F.2d 868· 6th Cir.· 1946-12-14 ·cited 8×
  The court held that the employer's actions in announcing a wage increase without giving credit to the union and implying employees would not be penalized for non-union membership constituted unfair labor practices under the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Am. Pearl Button Co.
  149 F.2d 258· 8th Cir.· 1945-05-08 ·cited 8×
  The court held that the National Labor Relations Board's order to cease and desist from enforcing rules prohibiting union activities on company property during employees' own time, and to reinstate employees discriminated against due to union activity or testimony, should be enfo
• Glen Alden Coal Co. v. Nat'l Labor Relations Bd.
  141 F.2d 47· 3d Cir.· 1944-01-31 ·cited 8×
  The court held that the National Labor Relations Board did not abuse its discretion in determining the foundry employees at the Exeter Shop constituted an appropriate bargaining unit, and the company's refusal to bargain was an unfair labor practice, even while its mines were und
• Nat'l Labor Relations Bd. v. Polson Logging Co.
  136 F.2d 314· 9th Cir.· 1943-06-10 ·cited 8×
  The court held that there was substantial evidence of employer violations of the National Labor Relations Act, warranting enforcement of the Board's cease and desist and affirmative action orders.
• Colo. Fuel & Iron Corp. v. Nat'l Labor Relations Bd.
  121 F.2d 165· 10th Cir.· 1941-06-23 ·cited 8×
  The court held that the company's employee representation plan, even after revisions, constituted domination and interference with employee labor organizations, violating the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Algoma Net Co.
  124 F.2d 730· 7th Cir.· 1941-12-09 ·cited 7×
  The court held that the National Labor Relations Board had jurisdiction despite prior involvement of the Wisconsin Labor Relations Board, and that there was substantial evidence to support the Board's findings of unfair labor practices.
• Nat'l Labor Relations Bd. v. Aquatech, Inc.
  926 F.2d 538· 6th Cir.· 1991-02-25 ·cited 6×
  The court held that the National Labor Relations Board's order finding Aquatech, Inc. violated the National Labor Relations Act by discharging employees for union activities is supported by substantial evidence and is enforceable.
• Berry v. Garza
  919 F.2d 87· 8th Cir.· 1990-11-15 ·cited 6×
  An employer who knowingly enters into a collective bargaining agreement is estopped from raising the defense of lack of majority status to avoid obligations to an employee benefit fund under ERISA section 515.
• Nat'l Labor Relations Bd. v. Springfield Hosp.
  899 F.2d 1305· 2d Cir.· 1990-03-26 ·cited 6×
  The court held that the hospital's actions in causing the arrest of off-duty employees were unlawful and interfered with union activity, and that the classification of medical technologists as professional employees was proper.
• Roseville Dodge, Inc. v. Nat'l Labor Relations Bd.
  882 F.2d 1355· 8th Cir.· 1989-08-23 ·cited 6×
  The court held that the employees' work stoppages were protected activities under the National Labor Relations Act, and the employer unlawfully discharged them for engaging in these activities.
• Nat'l Labor Relations Bd. v. Sheet Metal Workers' Int'l Ass'n
  873 F.2d 236· 9th Cir.· 1989-04-25 ·cited 6×
  A union constitution provision prohibiting resignation when charges are pending against a member violates Section 8(b)(1)(A) of the National Labor Relations Act.
• Ind. Cal-Pro, Inc. v. Nat'l Labor Relations Bd.
  863 F.2d 1292· 6th Cir.· 1988-12-22 ·cited 6×
  The court held that substantial evidence supported the Board's findings of unfair labor practices, including threats of plant closure and coercive involvement in an anti-union petition, and that the Board did not abuse its discretion in issuing a bargaining order.
• Nat'l Labor Relations Bd. v. Pizza Crust Co. OF Pa., Inc.
  862 F.2d 49· 3d Cir.· 1988-11-23 ·cited 6×
  The court should not enforce the Board's order finding the company unlawfully interfered with union literature distribution, as the isolated instructions did not constitute a prohibited rule.
• Nat'l Labor Relations Bd. v. Local 73
  840 F.2d 501· 7th Cir.· 1988-02-22 ·cited 6×
  The National Labor Relations Board's construction of Section 8(b)(1)(A) of the National Labor Relations Act, as prohibiting a union from imposing restrictions on its members' right to resign, is reasonable and will be enforced.
• Rest. Corp. OF Am. v. Nat'l Labor Relations Bd.
  827 F.2d 799· D.C. Cir.· 1987-08-25 ·cited 6×
  The court held that the Board's finding of discriminatory enforcement of the no-solicitation rule was not supported by substantial evidence because the permitted nonunion solicitations (for employee gifts) were not similar in their effect on plant discipline to union solicitation
• JMC Transp., Inc. v. Nat'l Labor Relations Bd.
  776 F.2d 612· 6th Cir.· 1985-11-12 ·cited 6×
  The dissenting judge would hold that the employee's individual complaint about an unloading payment did not constitute protected concerted activity, and his abusive conduct justified his discharge.
• Iubac Local Union No. 31 v. Anastasi Bros. Corp.
  600 F. Supp. 92· S.D. Fla.· 1984-12-11 ·cited 6×
  The court held that the defendants did not waive their illegality defense by failing to timely move to vacate the arbitration award, as courts cannot enforce illegal contracts.
• Servair, Inc. v. Nat'l Labor Relations Bd.
  726 F.2d 1435· 9th Cir.· 1984-02-28 ·cited 6×
  The court held that the National Labor Relations Board properly refused to defer to an arbitration award because the arbitrator did not clearly decide the unfair labor practice issue, and the strike was protected activity in response to a serious unfair labor practice.
• Pioneer Finishing Corp. v. Nat'l Labor Relations Bd.
  667 F.2d 199· 1st Cir.· 1981-11-23 ·cited 6×
  The court held that the National Labor Relations Board's order to reinstate employees should be enforced because the employee's distribution of a leaflet concerning working conditions constituted protected activity under the National Labor Relations Act, and the arbitrator's deci
• Nat'l Labor Relations Bd. v. Gibraltar Indus., Inc.
  653 F.2d 1091· 6th Cir.· 1981-07-20 ·cited 6×
  The court held that the NLRB's findings of unfair labor practices against Gibraltar were not supported by substantial evidence, and thus enforcement of its order was denied. For Case, Inc., the court affirmed findings related to the discriminatory discharge of Anita Wilburn and t
• Nat'l Labor Relations Bd. v. Int'l Bhd. of Boilermakers
  581 F.2d 473· 5th Cir.· 1978-10-05 ·cited 6×
  The court held that removing a union officer for filing a charge against his employer, even if it could have been handled internally, violates the National Labor Relations Act by impeding access to the Board.
• Eisenberg v. Holland Rantos Co., Inc.
  583 F.2d 100· 3d Cir.· 1978-08-23 ·cited 6×
  The court affirmed the district court's grant and extensions of a temporary injunction under Section 10(j) and enforced the Board's order finding an unfair labor practice.
• Sta-Hi Division v. Nat'l Labor Relations Bd.
  560 F.2d 470· 1st Cir.· 1977-08-16 ·cited 6×
  The court held that the employer committed a Section 8(a)(1) violation by announcing the cancellation of a wage increase due to union activity, but set aside the NLRB's order to make employees whole for lost wages.
• Eastex v. Nat'l Labor Relations Bd.
  550 F.2d 198· 5th Cir.· 1977-04-07 ·cited 6×
  An employer violates Section 8(a)(1) of the Act by prohibiting the distribution of a union-sponsored circular on company premises during non-working time and in non-working areas, if the circular's content is reasonably related to employees' jobs or their status as employees.
• Nat'l Labor Relations Bd. v. Kilgore Corp.
  510 F.2d 1165· 6th Cir.· 1975-02-13 ·cited 6×
  The court affirmed the Board's decision to set aside the election and order a new one.
• Leviton Mfg. Co., Inc. v. Nat'l Labor Relations Bd.
  486 F.2d 686· 1st Cir.· 1973-11-08 ·cited 6×
  The court held that the employees' civil action was not protected activity because it was filed in bad faith, and therefore their subsequent discharge did not violate the Act.
• Nat'l Labor Relations Bd. v. The Freeman Co.
  471 F.2d 708· 8th Cir.· 1972-12-27 ·cited 6×
  The court held that while some coercive statements constituted unfair labor practices, the reduction in overtime hours was not supported by substantial evidence of discrimination.
• Nat'l Labor Relations Bd. v. Cmty. Motor BUS Co., Inc.
  439 F.2d 965· 4th Cir.· 1971-03-22 ·cited 6×
  The court held that mass picketing that blocked access to the work site exceeded permissible strike activity, relieving the company of its obligation to rehire the strikers, and that the dispute over reinstatement was not subject to arbitration due to the company's express reserv
• Nat'l Labor Relations Bd. v. Hudson Transit Lines, Inc.
  429 F.2d 1223· 3d Cir.· 1970-07-20 ·cited 6×
  The court held that an employer's imposition of wage and benefit reductions during a representation election, even if motivated by business concerns, constituted an unfair labor practice because it tended to discourage employees from exercising their rights to engage in concerted
• Nat'l Labor Relations Bd. v. Historic Smithville INN and Quail Hill
  414 F.2d 1358· 3d Cir.· 1969-07-18 ·cited 6×
  The court held that there was substantial evidence to support the National Labor Relations Board's findings that the Company engaged in unfair labor practices by surveillance, unlawfully discharging an employee due to union activity, and conducting a coercive poll of its employee
• Nat'l Labor Relations Bd. v. Frazier, Inc.
  411 F.2d 1161· 8th Cir.· 1969-06-05 ·cited 6×
  The court held that the employer violated the NLRA by promising pension benefits to an employee to deter union activity, but remanded the issue of discharge for further Board review due to an examiner's error.
• Nat'l Labor Relations Bd. v. Harry T. Campbell Sons' Corp.
  407 F.2d 969· 4th Cir.· 1969-02-27 ·cited 6×
  The court held that the Board's designation of a bargaining unit for calcite employees was supported by substantial evidence and within its discretion, and that the employer's other contentions were without merit.