Section 7 Of The Nlra

664 Florida cases classified under this topic, plus 436 listed through its narrower topics · sorted by citation count · browse and sort

• Nat'l Labor Relations Bd. v. Int'l Bhd. OF Elec. Workers
  758 F.2d 436· 9th Cir.· 1985-04-18 ·cited 10×·via National Labor Relations Act § 7
  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.
• Presbyterian/ST. Luke's Med. Ctr. v. Nat'l Labor Relations Bd.
  723 F.2d 1468· 10th Cir.· 1983-12-23 ·cited 10×
  The court held that substantial evidence supported the NLRB's findings that the hospital committed numerous unfair labor practices by maintaining overbroad no-solicitation rules, interrogating employees about union activities, and discriminatorily reprimanding employees for minor
• S. Moldings, Inc. v. Nat'l Labor Relations Bd.
  715 F.2d 1069· 6th Cir.· 1983-08-23 ·cited 10×·via National Labor Relations Act § 7
  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×·via National Labor Relations Act § 7
  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.
• Nat'l Labor Relations Bd. v. Mount Desert Island Hosp.
  695 F.2d 634· 1st Cir.· 1982-12-14 ·cited 10×
  The court held that a refusal to rehire an applicant based on their past protected concerted activities violates Section 8(a)(1) of the NLRA, and that advising another employer not to hire such an applicant constitutes unlawful blacklisting. However, the court remanded the case t
• Nat'l Labor Relations Bd. v. Sw. Bell Tel. Co.
  694 F.2d 974· 5th Cir.· 1982-11-26 ·cited 10×·via Section 7 Rights
  The court held that an employee's intemperate remarks during a dispute over overtime assignments were protected under the NLRA, and a subsequent suspension for provoked insubordination was unlawful.
• Nat'l Labor Relations Bd. v. Local 483 & Local 11, Int'l Ass'n of Bridge, Structural & Ornamental Ironworkers, AFL-CIO
  672 F.2d 1159· 3d Cir.· 1982-02-09 ·cited 10×·via Section 7 Rights
  The court held that the Board's order was not enforceable because the Board failed to make specific findings of fact and articulate its reasoning, particularly regarding the alleged discrimination and the appropriateness of extending remedies to 'similarly situated' individuals.
• Sw. Bell Tel. Co. v. Nat'l Labor Relations Bd.
  667 F.2d 470· 5th Cir.· 1982-02-08 ·cited 10×·via Section 7 Rights
  The court held that the employer did not violate an employee's Weingarten rights by limiting the union representative's participation in an investigatory interview, and that the Board was estopped by a prior settlement agreement from prosecuting a claim for refusal to provide doc
• Nat'l Labor Relations Bd. v. Sheraton Puerto RICO Corp.
  651 F.2d 49· 1st Cir.· 1981-06-11 ·cited 10×·via Section 7 Rights
  The court held that the National Labor Relations Board's order for enforcement must be denied because the protest letter primarily concerned managerial disputes and lacked substantial evidence of impact on non-supervisory employees' working conditions.
• Tex. Instruments Inc. v. Nat'l Labor Relations Bd.
  637 F.2d 822· 1st Cir.· 1981-01-07 ·cited 10×
  The court held that employees' dissemination of confidential company wage survey data, obtained irregularly, was not protected activity under the NLRA, allowing the employer to enforce its confidentiality rule.
• Associated Gen. Contractors OF N.D. (a nonprofit corporation) v. Nat'l Labor Relations Bd.
  637 F.2d 556· 8th Cir.· 1980-12-31 ·cited 10×
  The court reversed judgments in a personal injury and indemnity action, finding that the jury's verdicts were not supported by the evidence and that the trial court erred in certain evidentiary rulings.
• Star Meat Co. v. Nat'l Labor Relations Bd.
  640 F.2d 13· 6th Cir.· 1980-11-04 ·cited 10×
  The court held that the employee's actions during the strike did not forfeit the protection of the National Labor Relations Act, and therefore the discharge was unlawful.
• Nat'l Labor Relations Bd. v. NEW York Typographical Union NO. 6
  632 F.2d 171· 2d Cir.· 1980-09-03 ·cited 10×
  The court held that the preference for category A employees in the hiring hall procedures does not violate the NLRA because it does not encourage union membership through discrimination, as the benefited class is closed to new members and serves a legitimate purpose of protecting
• Montefiore Hosp. & Med. Ctr. v. Nat'l Labor Relations Bd.
  621 F.2d 510· 2d Cir.· 1980-04-28 ·cited 10×
  The court held that doctors striking without notice engaged in protected activity unless it endangered patients, and their picket line conduct discouraging patients was unprotected. The denial of full-time positions in retaliation for filing charges was unlawful.
• 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. Knuth Bros., Inc.
  584 F.2d 813· 7th Cir.· 1978-09-01 ·cited 10×·via Section 7 Rights
  The court held that the Company violated Section 8(a)(1) of the NLRA by denying accrued vacation benefits to striking employees based on its vacation policy, and that this violation alone justified the Board's order for payment.
• Richardson Paint Co., Inc. v. Nat'l Labor Relations Bd.
  574 F.2d 1195· 5th Cir.· 1978-06-12 ·cited 10×
  The court held that while the company's condonation of a prior unprotected walkout made subsequent retaliation illegal, there was insufficient evidence to prove the layoff was retaliatory rather than based on legitimate business reasons. The discharge of Tipton for circulating a
• Nat'l Labor Relations Bd. v. Baptist Hosp., Inc.
  576 F.2d 107· 6th Cir.· 1978-05-10 ·cited 10×
  The court held that a hospital's no-solicitation rule, prohibiting solicitations in all areas accessible to the public, is valid due to special circumstances related to patient care, and denied enforcement of the NLRB's order.
• 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. Local NO. 106, Glass Bottle Blowers Ass'n, AFL-CIO
  520 F.2d 693· 6th Cir.· 1975-07-22 ·cited 10×·via Section 7 Rights
  The court held that maintaining labor union locals segregated by sex and processing grievances separately based on sex constitutes an unfair labor practice under the National Labor Relations Act.
• 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×·via National Labor Relations Act § 7
  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. Local Union NO. 80, Sheet Metal Workers' Int'l Ass'n, AFL-CIO
  491 F.2d 1017· 6th Cir.· 1974-02-15 ·cited 10×
  The court found the Union in civil contempt for violating a prior consent judgment enforcing an NLRB order, and detailed specific purgation requirements including backpay and non-discriminatory hiring hall operations.
• Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
  485 F.2d 1135· 5th Cir.· 1973-10-09 ·cited 10×
  The court held that an employer is not legally required to allow a union representative to be present at a preliminary investigatory interview with an employee, even if the employee fears for their job.
• Nat'l Labor Relations Bd. v. Scenic Sportswear
  475 F.2d 1226· 6th Cir.· 1973-03-22 ·cited 10×·via Section 7 Rights
  The court held that the weight of evidence supported the Board's finding of an 8(a)(1) violation and that the Board's order was appropriate.
• Nat'l Labor Relations Bd. v. Commc'ns Workers OF Am., AFL-CIO
  474 F.2d 778· 2d Cir.· 1972-12-21 ·cited 10×·via Section 7 Rights
  Prior oral and written understandings, even if not in the formal agreement, can constitute a 'contract' under Section 8(d) for purposes of collective bargaining.
• 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. KDI Precision Prods., Inc.
  436 F.2d 385· 6th Cir.· 1971-01-06 ·cited 10×·via Section 7 Rights
  The court held that the employees' petitions regarding working conditions and subsequent interrogations and discipline by the company constituted protected activity under the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Swain & Morris Constr. Co.
  431 F.2d 861· 9th Cir.· 1970-08-06 ·cited 10×·via National Labor Relations Act § 7
  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.
• Laclede GAS Co. v. Nat'l Labor Relations Bd.
  421 F.2d 610· 8th Cir.· 1970-02-04 ·cited 10×·via Section 7 Rights
• Trailmobile Division v. Nat'l Labor Relations Bd.
  407 F.2d 1006· 5th Cir.· 1969-02-20 ·cited 10×·via Section 7 Of The Act
  The court held that the majority erred in conducting a de novo review of the National Labor Relations Board's findings, failing to give proper deference to the Board's credibility determinations and inferences.
• Scofield v. Nat'l Labor Relations Bd.
  393 F.2d 49· 7th Cir.· 1968-03-05 ·cited 10×·via National Labor Relations Act § 7
• 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×·via National Labor Relations Act § 7
  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.
• Puerto RICO Drydock & Marine Terminals, Inc. v. Nat'l Labor Relations Bd.
  284 F.2d 212· D.C. Cir.· 1960-06-09 ·cited 10×·via Section 7 Of The Act
• 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×·via National Labor Relations Act § 7
  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. Local 1423
  238 F.2d 832· 5th Cir.· 1956-12-21 ·cited 10×·via Section 7 Rights
  The court held that the union's actions in threatening a strike and denying clearance based on its 'first in—first out' rule constituted restraint and coercion of employees and caused employer discrimination, violating the Act.
• Nat'l Labor Relations Bd. v. Furriers Joint Council of N.Y.
  224 F.2d 78· 2d Cir.· 1955-06-21 ·cited 10×·via National Labor Relations Act § 7
  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. Spalding Avery Lumber Co.
  220 F.2d 673· 8th Cir.· 1955-04-07 ·cited 10×
  The court held that preliminary negotiations for individual bargaining did not constitute an abandonment of the employers' right to engage in a temporary economic lockout as a group.
• Lane v. Nat'l Labor Relations Bd.
  186 F.2d 671· 10th Cir.· 1951-01-02 ·cited 10×
  The court held that the National Labor Relations Board had jurisdiction and its findings were supported by substantial evidence, thus enforcing its orders against both Mavis Lane and Seamprufe, Inc.
• Nat'l Labor Relations Bd. v. Todd Co., Inc.
  173 F.2d 705· 2d Cir.· 1949-03-30 ·cited 10×
  The court held that the Board's finding of bad faith bargaining was supported by substantial evidence and that the company's contentions were without merit.