Section 7 Rights

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

• Fla. Steel Corp. v. Nat'l Labor Relations Bd.
  620 F.2d 79· 5th Cir.· 1980-06-25 ·cited 8×
  The court held that while the National Labor Relations Board has broad discretion in ordering remedies, its order must be remedial and not punitive, and therefore, certain provisions of the order were impermissibly broad.
• Tipton Elec. Co. & Prof'l Furniture Co. v. Nat'l Labor Relations Bd.
  621 F.2d 890· 8th Cir.· 1980-04-14 ·cited 8×
  The court held that the Board's entry of a bargaining order was not supported by the record and should not be enforced.
• Firestone Tire & Rubber Co. v. Nat'l Labor Relations Bd.
  583 F.2d 1268· 4th Cir.· 1978-09-19 ·cited 8×
  The court held that the employer had a valid reason for suspending the employee due to insubordination, and the National Labor Relations Board failed to establish by substantial evidence that the suspension was pretextual or discriminatory.
• 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.
• Iowa Beef Processors, Inc. v. Nat'l Labor Relations Bd.
  567 F.2d 791· 8th Cir.· 1977-12-13 ·cited 8×
  The court held that the company's counsel's statement intimidated employees, violating the NLRA, and that the company did not discriminatorily discharge an employee for union activity when he admitted to theft.
• Containair Sys. Corp. v. Nat'l Labor Relations Bd.
  521 F.2d 1166· 2d Cir.· 1975-06-18 ·cited 8×
  The Board did not abuse its discretion by approving a settlement stipulation that included a non-admission clause, even for a union with a history of violations, as settlements prioritize speed and resource conservation over litigated findings.
• Gen. Motors Corp. v. Nat'l Labor Relations Bd.
  512 F.2d 447· 6th Cir.· 1975-03-25 ·cited 8×
  The court held that bans on literature concerning union officer candidacies are invalid under Magnavox, but broader bans on literature related to other Section 7 rights are unenforceable due to overbreadth.
• Nat'l Labor Relations Bd. v. ORR Iron, Inc.
  508 F.2d 1305· 7th Cir.· 1975-01-13 ·cited 8×
  The court held that substantial evidence supported the NLRB's findings of unfair labor practices, including the discharge of an employee for wearing a union button and the refusal to bargain, and that a bargaining order was an appropriate remedy.
• Nat'l Labor Relations Bd. v. Henriksen, Inc.
  481 F.2d 1156· 5th Cir.· 1973-07-10 ·cited 8×
  The court held that the company violated Section 8(a)(1) by threatening employees and coercing them regarding union activities, but refused to enforce the Board's order regarding the discharge of Violet Smith, finding it was not motivated by anti-union animus.
• Nat'l Labor Relations Bd. v. Universal Servs.
  467 F.2d 579· 9th Cir.· 1972-10-10 ·cited 8×
  The court held that the Local 341 laborers dispatched to Amchitka were bound by the work continuity and grievance procedure provisions of the basic agreement, rendering their work stoppage unprotected concerted activity.
• AHI Mach. Tool & DIE, Inc. v. Nat'l Labor Relations Bd.
  432 F.2d 190· 6th Cir.· 1970-10-07 ·cited 8×
  The court held that the employees' walkout in protest of a fellow employee's lawful discharge for assaulting a supervisor was not protected concerted activity under Section 7 of the NLRA, and they were not discharged or denied reinstatement.
• Nat'l Labor Relations Bd. v. World Carpets OF NEW York, Inc.
  403 F.2d 408· 2d Cir.· 1968-11-08 ·cited 8×
  The court vacated the Board's order and remanded the case, holding that the employer was entitled to present evidence of union misconduct and that the Board must consider the Act's policies and the delay in enforcement before issuing a bargaining order.
• Nat'l Labor Relations Bd. v. United Mine Workers OF Am.
  393 F.2d 265· 6th Cir.· 1968-04-18 ·cited 8×
  The court held that certain respondents were in civil contempt for violating a prior decree prohibiting violent and coercive conduct against employees, and outlined specific actions for them to purge the contempt.
• Allis-Chalmers Mfg. Co. v. Nat'l Labor Relations Bd.
  358 F.2d 656· 7th Cir.· 1966-03-11 ·cited 8×
  The court held that an employee who voluntarily joins a union may be subject to internal union discipline, such as fines, for crossing a picket line.
• Nat'l Labor Relations Bd. v. Sea-Land Serv., Inc.
  356 F.2d 955· 1st Cir.· 1966-03-02 ·cited 8×
  The court held that the National Labor Relations Board's findings of unfair labor practices were supported by substantial evidence, and therefore, the Board's order was enforceable.
• Nat'l Labor Relations Bd. v. Trosch
  321 F.2d 692· 4th Cir.· 1963-08-19 ·cited 8×
  The court held that an employer violates the National Labor Relations Act by recognizing and entering into a collective bargaining agreement with a minority union, even if done in good faith, as it constitutes unlawful support and interferes with employees' rights.
• Nat'l Labor Relations Bd. v. McBRIDE
  274 F.2d 124· 10th Cir.· 1960-01-06 ·cited 8×
  The court held that the National Labor Relations Board cannot enforce an order based on conduct that does not directly or indirectly involve employees' Section 7 rights.
• Nat'l Labor Relations Bd. v. Commc'ns Workers OF Am., AFL-CIO
  266 F.2d 823· 6th Cir.· 1959-05-14 ·cited 8×
  The court held that the National Labor Relations Board's order was supported by substantial evidence and proper procedure, with a minor modification to remove vague language.
• United Steelworkers OF Am. v. Nat'l Labor Relations Bd.
  243 F.2d 593· D.C. Cir.· 1956-11-23 ·cited 8×
  An employer commits an unfair labor practice by enforcing a no-distribution rule against employees if the employer itself distributes literature on company property, thereby negating the justification for the rule.
• Nat'l Labor Relations Bd. v. Local 169
  228 F.2d 425· 3d Cir.· 1955-12-09 ·cited 8×
  The court held that the National Labor Relations Board's order against the union should be enforced, finding that the union committed unfair labor practices by threatening employees and unlawfully causing an employee's discharge.
• Nat'l Labor Relations Bd. v. Quality & Serv. Laundry, Inc.
  131 F.2d 182· 4th Cir.· 1942-11-06 ·cited 8×
  The court held that the National Labor Relations Board's findings of unfair labor practices and its order for reinstatement and back pay were supported by substantial evidence and within the Board's discretion.
• J. Huizinga Cartage Co., Inc. v. Nat'l Labor Relations Bd.
  941 F.2d 616· 7th Cir.· 1991-08-28 ·cited 7×
  The court held that substantial evidence supported the Board's findings that the company committed unfair labor practices by discharging employees for union activity and that the employees were not independent contractors. The court granted enforcement of the Board's order.
• Local 92 v. B & B Steel Erectors
  850 F.2d 1551· 11th Cir.· 1988-08-04 ·cited 7×
  A pre-hire agreement under Section 8(f) is voidable by the employer until the union establishes majority support, and repudiation can be effected by conduct that puts the union on notice of termination.
• Nat'l Labor Relations Bd. v. Citizen-News Co.
  134 F.2d 962· 9th Cir.· 1943-04-02 ·cited 7×
  The court, in a dissenting opinion, argues that the majority erred in rejecting the Board's findings of employer interference, restraint, and coercion, and in holding that a cease and desist order was unnecessary when the unfair labor practice had ceased.
• Sullivan Indus. v. Nat'l Labor Relations Bd.
  957 F.2d 890· D.C. Cir.· 1992-03-13 ·cited 6×
  The court should defer to the Board's remedial choice to order bargaining despite a subsequent employee petition, as the employer's prior illegal refusal to bargain taints the petition.
• 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.
• Lear Siegler Inc. v. Nat'l Labor Relations Bd.
  890 F.2d 1573· 10th Cir.· 1989-12-11 ·cited 6×
  The court held that Lear violated the Act by unilaterally modifying noneconomic contract terms outside the scope of a reopener clause, but did not violate the Act by unilaterally modifying economic terms after reaching a good-faith impasse over a proposed wage decrease.
• Amazing Stores, Inc. v. Nat'l Labor Relations Bd.
  887 F.2d 328· D.C. Cir.· 1989-10-20 ·cited 6×
  The court held that the National Labor Relations Board (NLRB) was justified in issuing a Gissel bargaining order despite significant employee turnover, as the pervasive nature of the employer's unfair labor practices was likely to continue to deter unionization.
• Baptist Med. Sys. v. Nat'l Labor Relations Bd.
  876 F.2d 661· 8th Cir.· 1989-06-06 ·cited 6×
  The court held that the hospital did not violate the NLRA by ordering nonemployee union organizers to leave its public cafeteria, nor by questioning an employee about her union sympathies.
• 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. United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe-Fitting Indus. of the United States & Canada
  827 F.2d 579· 9th Cir.· 1987-09-08 ·cited 6×
  The court held that fining union members for crossing a lawful picket line at a common situs construction site, where no reserve gate was established, constitutes an unlawful secondary boycott under the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Coca Cola Bottling Co. OF Buffalo, Inc.
  811 F.2d 82· 2d Cir.· 1987-01-28 ·cited 6×
  The court held that the Company violated Section 8(a)(1) of the NLRA by discharging an employee to discourage him and others from testifying in a criminal trial, even though the specific violation was not explicitly charged, because the issues were fully litigated.
• Nat'l Labor Relations Bd. v. McEVER Eng'g, Inc.
  784 F.2d 634· 5th Cir.· 1986-03-10 ·cited 6×
  The court held that the employees' one-time work stoppage due to hazardous conditions was protected activity under the NLRA, and the employer violated the Act by discharging them. The court also affirmed the finding that Preston Ray was not a statutory supervisor.
• Black Grievance Comm. v. Nat'l Labor Relations Bd.
  749 F.2d 1072· 3d Cir.· 1984-12-13 ·cited 6×
  An employer unlawfully interferes with employees' Section 7 rights by according one non-majority employee group privileged status over another non-majority group, thereby encouraging membership in the former and discouraging it in the latter, even if neither group seeks exclusive
• Nat'l Labor Relations Bd. v. Stationary Eng'rs
  746 F.2d 530· 9th Cir.· 1984-10-30 ·cited 6×
  The court held that the union violated Section 8(g) by failing to provide the required date and time in its notice of intent to respect picket lines, and violated Section 8(b)(1)(A) by disciplining members for crossing those lines.
• 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.
• G & H Prods., Inc. v. Nat'l Labor Relations Bd.
  714 F.2d 1397· 7th Cir.· 1983-08-08 ·cited 6×
  The dissenting judge believes the majority misconceived the appellate court's role in reviewing an administrative agency's conclusions, particularly regarding the discharges of three probationary employees.
• Silverman v. 40-41 Realty Assocs., Inc.
  668 F.2d 678· 2d Cir.· 1982-01-13 ·cited 6×
  A temporary injunction under section 10(j) of the NLRA should not have been issued to permit interior picketing in an office building corridor, as this is an unprecedented application of the Act and not a 'just and proper' remedy.
• 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
• Bill Johnson's Rests., Inc. v. Nat'l Labor Relations Bd.
  660 F.2d 1335· 9th Cir.· 1981-11-12 ·cited 6×
  The court held that the National Labor Relations Board's order finding unfair labor practices was supported by substantial evidence and should be enforced.
• Nat'l Labor Relations Bd. v. Westinghouse Elec. Corp.
  603 F.2d 610· 7th Cir.· 1979-07-20 ·cited 6×
  The court held that Westinghouse Electric Corp. violated Sections 8(a)(1) and (3) of the National Labor Relations Act by discriminating against striking employees regarding vacation pay, and modified the NLRB's cease and desist order.
• Nat'l Labor Relations Bd. v. Meyer Label Co., Inc.
  597 F.2d 18· 2d Cir.· 1979-04-06 ·cited 6×
  The court held that the Board's determination of a separate bargaining unit for lithographic production employees was not supported by substantial evidence and was arbitrary, thus denying enforcement of the Board's order.
• Nat'l Labor Relations Bd. v. Cameron Iron Works, Inc.
  591 F.2d 1· 5th Cir.· 1979-03-12 ·cited 6×
  The court denied enforcement of the NLRB's order, finding that the company and union did not commit unfair labor practices by continuing to deduct union dues.
• 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.
• McGRAW-Edison Co. v. Nat'l Labor Relations Bd.
  533 F.2d 1266· D.C. Cir.· 1976-04-19 ·cited 6×
  The court affirmed the National Labor Relations Board's decision that the company engaged in unfair labor practices but modified the Board's order to be less overbroad.
• Nat'l Labor Relations Bd. v. Empire Corp.
  518 F.2d 860· 6th Cir.· 1975-06-18 ·cited 6×
  The court held that the National Labor Relations Board had substantial evidence to find unfair labor practices and was warranted in issuing a bargaining order, even with a bare majority of authorization cards, due to the employer's coercive conduct.
• Nat'l Labor Relations Bd. v. Local Union NO. 180, United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO
  462 F.2d 1321· 9th Cir.· 1972-06-22 ·cited 6×
  The court held that the Union's actions constituted unfair labor practices under the National Labor Relations Act and enforced the Board's order.
• The Rocket Freight Lines Co. v. Nat'l Labor Relations Bd.
  427 F.2d 202· 10th Cir.· 1970-06-12 ·cited 6×
  The court held that the National Labor Relations Board properly dismissed the complaint because the employees crossed a valid picket line during an authorized strike, and thus could be lawfully disciplined by the union.
• Nat'l Labor Relations Bd. v. Darling & Co.
  420 F.2d 63· 7th Cir.· 1970-01-06 ·cited 6×
  The court held that the employer's withholding of severance pay from one group of employees while granting it to others, and its announcement of this decision, constituted unfair labor practices under the National Labor Relations Act.