American Baptist Homes of the West d/b/a Piedmont Gardens
6 Cited authorities
Belknap, Inc. v. Hale
463 U.S. 491 (1983) Cited 276 timesHolding that the NLRA does not preempt state law contract actions by replacement workers to enforce terms of an employment contract
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 232 timesIn Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 534 times 4 Legal AnalysesHolding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
Poly-America, Inc. v. N.L.R.B
260 F.3d 465 (5th Cir. 2001) Cited 20 timesHolding that strikers who protest unfair labor practices are entitled to unconditional reinstatement
New England Health Care Union v. N.L.R.B
448 F.3d 189 (2d Cir. 2006) Cited 10 times 1 Legal AnalysesFinding that the employer “made a conscious decision to tell the Union nothing about the hiring of permanent replacements, and took active measures to keep the replacement campaign a secret while hiring as many permanent replacements as it could before the Union caught on,” and noting that the employer described the plan as a “well-executed surprise event” that had “[the Union] in a real bind,” and informed a temp agency that “its plans regarding permanent replacements were to be kept ‘hush-hush’ ”
F. L. Thorpe Co., Inc. v. N.L.R.B
71 F.3d 282 (8th Cir. 1995) Cited 3 timesHolding it was error to base conversion finding on "caused consternation" test where evidence established strike remained economically motivated