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

• Wash. State Nurses Ass'n v. Wash. State Hosp. Comm'n
  773 F.2d 1044· 9th Cir.· 1985-10-08 ·cited 4×
  The court held that the Washington State Hospital Commission's budget review practices and public statements regarding hospital wage increases did not impermissibly interfere with collective bargaining rights protected by federal law.
• Conoco, Inc. v. Nat'l Labor Relations Bd.
  740 F.2d 811· 10th Cir.· 1984-08-09 ·cited 4×
  The court held that Conoco's termination of disability benefits to an employee on medical leave during a strike constituted an unfair labor practice because the benefits were accrued and Conoco lacked a legitimate business justification for the termination.
• Nat'l Labor Relations Bd. v. Sw. Bell Tel. Co.
  730 F.2d 166· 5th Cir.· 1984-03-29 ·cited 4×
  Southwestern Bell Telephone Company was found in civil contempt for violating prior consent judgments by denying employees effective union representation during investigatory interviews and by refusing to allow the union to inspect relevant personnel files.
• Carter v. Sheet Metal Workers' Int'l Ass'n & Local 85 Sheet Metal Workers' Int'l Ass'n
  724 F.2d 1472· 11th Cir.· 1984-02-13 ·cited 4×
  The state tort claim for intentional infliction of emotional distress is preempted by the National Labor Relations Act because the alleged tortious conduct is the same as conduct that would constitute an unfair labor practice under the Act.
• Ryder Truck Lines, Inc. v. Teamsters Freight Local Union NO. 480
  727 F.2d 594· 6th Cir.· 1984-02-13 ·cited 4×·via National Labor Relations Act § 7
  The dissenting judge holds that the general no-strike clauses did not prohibit the strike because the district court failed to determine if the strike's cause was arbitrable.
• U.S. Elec. Motors v. Nat'l Labor Relations Bd.
  722 F.2d 315· 6th Cir.· 1983-12-09 ·cited 4×
  The court held that it lacked jurisdiction to review the NLRB's order directing a new election because it is not a final order, but affirmed the NLRB's findings of unfair labor practices supported by substantial evidence.
• Nat'l Labor Relations Bd. v. Honeywell, Inc.
  722 F.2d 405· 8th Cir.· 1983-12-07 ·cited 4×·via Section 7 Rights
  The court held that Honeywell's policy prohibiting union-related materials on company bulletin boards, while allowing other non-business notices, was discriminatory and violated the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Remodeling BY Oltmanns, Inc.
  719 F.2d 1420· 8th Cir.· 1983-11-09 ·cited 4×·via National Labor Relations Act § 7
  The court held that the National Labor Relations Board's decision was supported by substantial evidence and granted the NLRB's cross-application for enforcement.
• Nat'l Labor Relations Bd. v. Henry Vogt Mach. Co.
  718 F.2d 802· 6th Cir.· 1983-10-10 ·cited 4×·via Section 7 Rights
  The court held that the National Labor Relations Board's findings that the company violated Sections 8(a)(5), (3), and (1) of the National Labor Relations Act were supported by substantial evidence and that the majority misconstrued the standard of review and substantive legal st
• The Pac. Tel. & Tel. Co. v. Nat'l Labor Relations Bd.
  711 F.2d 134· 9th Cir.· 1983-07-19 ·cited 4×
  The court held that while the employer committed unfair labor practices by denying pre-interview information and conferences, the Board could not order reinstatement and back pay for employees discharged for cause.
• Rainbow Tours, Inc. v. Haw. Joint Council OF Teamsters
  704 F.2d 1443· 9th Cir.· 1983-05-03 ·cited 4×·via National Labor Relations Act § 7
  The Union may not be liable for tortious interference with Rainbow's employee contracts after January 30, 1977, as employees' refusal to work was due to union-principle motivation. The Union may be liable for losses on January 29 and 30 if its unlawful conduct was a material fact
• United States v. Sheeran
  699 F.2d 112· 3d Cir.· 1983-01-24 ·cited 4×
  The court held that mail fraud convictions must be reversed due to improper application of the statute to rights derived solely from NLRA Section 7, but RICO convictions are affirmed as they were predicated on independent Taft-Hartley violations. The case is remanded for resenten
• Scooba Mfg. Co. v. Nat'l Labor Relations Bd.
  694 F.2d 82· 5th Cir.· 1982-12-20 ·cited 4×
  The court held that an employee's statement about wanting a union, made during a personal dispute, does not constitute protected concerted activity under the NLRA without evidence of intent to initiate group action.
• Nat'l Labor Relations Bd. v. Faulkner Hosp.
  691 F.2d 51· 1st Cir.· 1982-10-13 ·cited 4×
  The court held that the National Labor Relations Board's finding that the hospital unlawfully discharged an employee for engaging in protected concerted activity was supported by substantial evidence.
• Nat'l Labor Relations Bd. v. United States Postal Serv.
  689 F.2d 835· 9th Cir.· 1982-10-05 ·cited 4×·via National Labor Relations Act § 7
  The court held that there was not substantial evidence that the employee reasonably feared discipline, and therefore, the suspension for insubordination did not violate the employee's Weingarten rights.
• The Davis Co. v. United Furniture Workers OF Am., AFL-CIO
  674 F.2d 557· 6th Cir.· 1982-03-31 ·cited 4×
  The court held that false, misleading, and defamatory remarks by a union are not protected by the First Amendment or the National Labor Relations Act, and can lead to liability for damages.
• Nat'l Labor Relations Bd. v. Concord Furniture Indus., Inc.
  675 F.2d 426· 1st Cir.· 1982-03-26 ·cited 4×
  The court held that there was substantial evidence to support the National Labor Relations Board's findings that the employer committed unfair labor practices by attributing coercive statements to a supervisor and by discharging employees due to anti-union animus.
• Nat'l Labor Relations Bd. v. The Coca-Cola Co. Foods Div.
  670 F.2d 84· 7th Cir.· 1982-02-09 ·cited 4×·via Section 7 Rights
  The National Labor Relations Board can prohibit employer interference with concerted activities even before those activities materialize or are contemplated.
• Nat'l Labor Relations Bd. v. Gen. Thermodynamics, Inc.
  670 F.2d 719· 7th Cir.· 1982-02-09 ·cited 4×·via Section 7 Rights
  The court held that posting an overbroad no-solicitation and no-distribution rule, even if removed before its effective date and never enforced, violates Section 8(a)(1) of the National Labor Relations Act if employees are not effectively informed of its rescission, due to the po
• United Parcel Serv. v. Nat'l Labor Relations Bd.
  654 F.2d 12· 6th Cir.· 1981-07-17 ·cited 4×·via Section 7 Rights
  The court held that the National Labor Relations Board's finding that an employee's refusal to open a trailer door constituted protected concerted activity was not supported by substantial evidence.
• Caterpillar Tractor Co. v. Nat'l Labor Relations Bd.
  638 F.2d 140· 9th Cir.· 1981-03-02 ·cited 4×·via Section 7 Rights
  Substantial evidence supports the National Labor Relations Board's finding that Caterpillar Tractor Company violated the National Labor Relations Act by disciplining union steward Everett Cleveland on two occasions.
• Nat'l Labor Relations Bd. v. Leavitt J. Cofer
  637 F.2d 1309· 9th Cir.· 1981-01-26 ·cited 4×
  The court held that the National Labor Relations Board properly exercised its jurisdiction, that employees were dismissed for protected activity, and that a bargaining order was appropriate.
• Nat'l Labor Relations Bd. v. Hitchiner Mfg. Co.
  634 F.2d 1110· 8th Cir.· 1980-11-19 ·cited 4×·via National Labor Relations Act § 7
  The court enforced the National Labor Relations Board's order, finding sufficient evidence of unfair labor practices and upholding the issuance of a bargaining order.
• Supreme Optical Co., Inc. v. Nat'l Labor Relations Bd.
  628 F.2d 1262· 6th Cir.· 1980-10-27 ·cited 4×
  The court held that employees' attendance at an unemployment compensation hearing, with supervisor permission and a pretextual discharge reason, constituted protected concerted activity under the NLRA.
• S & W Motor Lines, Inc. v. Nat'l Labor Relations Bd.
  621 F.2d 598· 4th Cir.· 1980-05-01 ·cited 4×·via National Labor Relations Act § 7
  The court held that an employer's refusal to provide layoff information for non-bargaining unit employees, even if potentially relevant to union claims, did not violate the duty to bargain under § 8(a)(5) without a demonstrated "need to know."
• Drobena v. Nat'l Labor Relations Bd.
  612 F.2d 1095· 8th Cir.· 1980-01-16 ·cited 4×·via Section 7 Rights
  The court held that the National Labor Relations Board's long-standing policy of not awarding back pay in cases where employees lost work due to unlawful union activity, without employer involvement, is valid and its application here was not an abuse of discretion.
• Nat'l Labor Relations Bd. v. MacHinists Local 1327, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  608 F.2d 1219· 9th Cir.· 1979-10-10 ·cited 4×
  A union cannot enforce fines against former members for post-resignation conduct protected by Section 7 of the Act.
• Am. Cast Iron Pipe Co. v. Nat'l Labor Relations Bd.
  600 F.2d 132· 8th Cir.· 1979-06-04 ·cited 4×·via National Labor Relations Act § 7
  The court held that the company's rules prohibiting employees from distributing or making "false" statements were overbroad and violated the NLRA, and that the company's discriminatory enforcement of its distribution rule also violated the Act. The court also affirmed the NLRB's
• Nat'l Labor Relations Bd. v. The C. J. Krehbiel Co.
  593 F.2d 262· 6th Cir.· 1979-02-22 ·cited 4×
  The court held that substantial evidence supported the NLRB's findings that the employees were unlawfully discharged for engaging in protected, concerted activity.
• Altex Ready Mixed Concrete Corp. v. Nat'l Labor Relations Bd.
  542 F.2d 295· 5th Cir.· 1976-11-12 ·cited 4×
  The court held that the Administrative Law Judge's findings were supported by substantial evidence and warranted the inferences drawn, thus upholding the NLRB's order.
• Suburban Transit Corp. v. Nat'l Labor Relations Bd.
  536 F.2d 1018· 3d Cir.· 1976-06-22 ·cited 4×·via Section 7 Concerted Activity
  The court held that the employees' strike protesting the execution of the collective bargaining agreement was protected activity because the agreement's no-strike clause did not prohibit such a strike, and therefore, the employer did not commit an unfair labor practice by dischar
• Nat'l Labor Relations Bd. v. Bel-Air Mart, Inc.
  497 F.2d 322· 4th Cir.· 1974-05-16 ·cited 4×·via Section 7 Rights
  The court held that discharging a guard for attending union meetings violates Sections 8(a)(1) and 8(a)(3) of the NLRA, as guards retain Section 7 rights as employees.
• Kellstone Inc. v. Nat'l Labor Relations Bd.
  493 F.2d 1352· 6th Cir.· 1974-04-10 ·cited 4×·via Section 7 Of The Act
  The court held that the National Labor Relations Board's factual findings were supported by substantial evidence and its legal conclusions were in conformity with applicable law.
• The Magnavox Co. OF Tenn. v. Nat'l Labor Relations Bd.
  474 F.2d 1269· 6th Cir.· 1973-03-08 ·cited 4×
  The court held that a bargaining representative has the authority to waive employees' on-premises literature distribution rights, adhering to circuit precedent.
• Cent. Hardware Co. v. Nat'l Labor Relations Bd.
  468 F.2d 252· 8th Cir.· 1972-10-19 ·cited 4×
  The court held that the Board's finding that no reasonable means of communication were available to union organizers other than parking lot solicitation was not supported by substantial evidence. The court also found no evidence that the company permitted non-employee solicitatio
• Thrift Drug Co. OF Pa. v. Nat'l Labor Relations Bd.
  404 F.2d 1097· 6th Cir.· 1968-12-11 ·cited 4×
  The court held that the National Labor Relations Board's findings of unfair labor practices and its bargaining order were supported by substantial evidence and should be enforced.
• Nat'l Labor Relations Bd. v. Frontier Guard Patrol, Inc.
  399 F.2d 716· 10th Cir.· 1968-08-23 ·cited 4×
  The court held that the companies engaged in unfair labor practices by discriminatorily refusing to reinstate striking employees and by interfering with employee rights, and that the National Labor Relations Board had jurisdiction over their joint conduct.
• Nat'l Labor Relations Bd. v. Graber Mfg. Co., Inc.
  382 F.2d 990· 7th Cir.· 1967-09-25 ·cited 4×·via Section 7 Rights
  The court held that the National Labor Relations Board's findings were supported by substantial evidence on the record.
• Nat'l Labor Relations Bd. v. Millwrights & Mach. Erectors
  379 F.2d 679· 5th Cir.· 1967-06-21 ·cited 4×
  The court held that the Union violated the National Labor Relations Act by threatening a member with fines and job loss for filing charges and by causing the employer to discriminate against him.
• United Steelworkers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  377 F.2d 140· D.C. Cir.· 1966-12-20 ·cited 4×·via National Labor Relations Act § 7
  The court held that the Labor Board did not err in dismissing charges against a union based on a prior Court of Appeals decision.
• Great Lakes Carbon Corp. v. Nat'l Labor Relations Bd.
  360 F.2d 19· 4th Cir.· 1966-04-27 ·cited 4×·via Section 7 Rights
  Superseniority provisions in a collective bargaining agreement that grant preferential standing to employees who worked during an economic strike are facially discriminatory and violate the National Labor Relations Act, regardless of the employer's specific intent or the timing o
• Trojan Freight Lines, Inc. v. Nat'l Labor Relations Bd.
  356 F.2d 947· 6th Cir.· 1966-02-16 ·cited 4×
  The court held that the NLRB's findings of unfair labor practices were supported by substantial evidence and that the back pay computation and discovery denial were not reversible error.
• Nat'l Labor Relations Bd. v. Sellers
  346 F.2d 625· 9th Cir.· 1965-06-08 ·cited 4×·via Section 7 Rights
  The court held that the employer unlawfully assisted the union by creating the impression that only that union was acceptable, but found insufficient evidence for other alleged violations like management domination of the union or unlawful interrogation of applicants.
• Nat'l Labor Relations Bd. v. Nat'l Seal
  336 F.2d 781· 9th Cir.· 1964-11-06 ·cited 4×
  The court held that the employer's termination of probationary employees during a strike, based on a long-standing, uniformly enforced rule requiring uninterrupted probationary periods, did not constitute an unfair labor practice absent evidence of anti-union motivation.
• Nat'l Labor Relations Bd. v. Taxicab Drivers Union
  340 F.2d 905· 7th Cir.· 1964-11-06 ·cited 4×
  The court amended the National Labor Relations Board order by deleting specific language and denied the petition for rehearing.
• Nat'l Labor Relations Bd. v. KIT Mfg. Co., Inc.
  335 F.2d 166· 9th Cir.· 1964-08-05 ·cited 4×
  The court held that the company violated the NLRA by refusing to bargain and by discriminatorily discharging an employee, but not by failing to prevent an employee from circulating a decertification petition.
• Nat'l Labor Relations Bd. v. Belfry Coal Corp.
  331 F.2d 738· 6th Cir.· 1964-04-06 ·cited 4×·via Section 7 Rights
  The court granted enforcement of the National Labor Relations Board's order, finding it supported by substantial evidence.
• Nat'l Labor Relations Bd. v. Anchorage Businessmen's Ass'n
  289 F.2d 619· 9th Cir.· 1961-03-29 ·cited 4×
  The court held that a multi-employer association's layoff of only union employees during a whipsaw strike constituted unlawful discrimination under § 8(a)(3) and (1) of the NLRA, and that the association interfered with the formation and administration of a rival union.
• Nat'l Labor Relations Bd. v. Great Falls Emp'rs' Council, Inc.
  277 F.2d 772· 9th Cir.· 1960-04-27 ·cited 4×·via National Labor Relations Act § 7
  The court held that the employers' actions in recalling locked-out employees to earn a limited amount of wages, thereby disqualifying them from unemployment benefits, did not violate sections 8(a)(3) or 8(a)(1) of the National Labor Relations Act.
• Amalgamated Meat Cutters & Butcher Workmen of N. Am., Afl-Cio v. Nat'l Labor Relations Bd.
  276 F.2d 34· 1st Cir.· 1960-03-22 ·cited 4×·via Section 7 Rights
  The court held that the National Labor Relations Board erred by failing to consider the impact of a contract amendment excluding supervisors from the union, which made their subsequent participation in union activities an unfair labor practice. The case is remanded for further co