Flying Dutchman Park

14 Cited authorities

Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 794 times 8 Legal Analyses
Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits
Auciello Iron Works, Inc. v. Nat'l Labor Relations Bd.
517 U.S. 781 (1996) Cited 59 times 5 Legal Analyses
Holding that NLRB is due "considerable deference . . . by virtue of its charge to develop national labor policy"
H.J. Heinz Co. v. Labor Board
311 U.S. 514 (1941) Cited 241 times 1 Legal Analyses
In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.
Labor Board v. Rockaway News Co.
345 U.S. 71 (1953) Cited 128 times
Holding that employees may bargain away their statutory right to strike
International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers v. Nat'l Labor Relations Bd.
41 F.3d 1532 (D.C. Cir. 1994) Cited 43 times 1 Legal Analyses
In IUE, the court held that the facts in the case did not make out a breach of the duty of fair representation, as there was no basis in the record to support the NLRB's finding that the Union engaged in bad faith conduct.
Capitol-Husting Co., Inc. v. N.L.R.B
671 F.2d 237 (7th Cir. 1982) Cited 49 times
Finding that the "Union acted reasonably in relying" on Capitol-Husting's offer to match financial package offered by rival company that the Union was also negotiating with, such that Capitol-Husting was acting in bad faith to claim that Union's failure to expressly accept this offer nullified its obligation to abide by the contract
Labor Board v. News Syndicate Co.
365 U.S. 695 (1961) Cited 22 times
In NLRB v. News Syndicate Co., 365 U.S. 695, 81 S.Ct. 849, 6 L.Ed.2d 29 (1961), where the bargaining unit included supervisors, the NLRB had found that both the employer and the union had committed unfair labor practices by operating an unlawful closed shop and preferential hiring system.
Pepsi-Cola Bottling Co., Etc. v. N.L.R.B
659 F.2d 87 (8th Cir. 1981) Cited 26 times
In Pepsi Cola Bottling Co. v. NLRB, 659 F.2d 87 (8th Cir. 1981) (Pepsi Cola), the union initially rejected the offer and three weeks passed between offer and acceptance. During the three-week interval, the employer met with the union for several bargaining sessions but did not expressly withdraw its offer.
Acme Tile, Terrazzo Co. v. N.L.R.B
87 F.3d 558 (1st Cir. 1996) Cited 4 times
No. 95-1992 Heard May 8, 1996 June 25, 1996 Girard R. Visconti, with whom Visconti Boren Ltd. was on brief, for petitioners. Corinna L. Metcalf, Attorney, National Labor Relations Board, with whom Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Charles Donnelly, Supervisory Attorney, and Joseph J. Jablonski, Jr., Attorney, National Labor Relations Board, were on brief, for respondent. On Petition for Review and
N.L.R.B. v. U.S. Postal Service
827 F.2d 548 (9th Cir. 1987) Cited 10 times
Upholding similar opt-out agreement after member revoked membership and noting "A party's duty to perform even a wholly executory contract is not excused merely because he decides that he no longer wants the consideration for which he has bargained."

Flying Dutchman Park

14 Cited authorities

Holding that where a court must determine the validity of an arbitration agreement, it "cannot avoid that duty" just because the court must decide an issue on the merits

Holding that NLRB is due "considerable deference . . . by virtue of its charge to develop national labor policy"

In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.

Holding that employees may bargain away their statutory right to strike

In IUE, the court held that the facts in the case did not make out a breach of the duty of fair representation, as there was no basis in the record to support the NLRB's finding that the Union engaged in bad faith conduct.

In NLRB v. News Syndicate Co., 365 U.S. 695, 81 S.Ct. 849, 6 L.Ed.2d 29 (1961), where the bargaining unit included supervisors, the NLRB had found that both the employer and the union had committed unfair labor practices by operating an unlawful closed shop and preferential hiring system.

Upholding similar opt-out agreement after member revoked membership and noting "A party's duty to perform even a wholly executory contract is not excused merely because he decides that he no longer wants the consideration for which he has bargained."