Steelworkers v. Warrior Gulf Co.

Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

Labor Board v. Burnup Sims

Finding violation of § 8 "whatever the employer's motive"

Banyard v. N.L.R.B

In Banyard v. NLRB, 505 F.2d 342 (D.C. Cir. 1974), the District of Columbia Circuit reviewed decisions by the Board to defer to an arbitrator's award.

Stephenson v. N.L.R.B

In Stephenson v. N.L.R.B., 550 F.2d 535 (9th Cir. 1977), this court also expressly rejected Electronic Reproduction, finding it an "unjustifiable extension" of the Board's deferral policy.

N.L.R.B. v. General Warehouse Corp.

In NLRB v. General Warehouse Corp., 643 F.2d 965 (3d Cir. 1981), the arbitrator stated in a written opinion that a grievant was dismissed for just cause and denied his grievance without discussing other possible motives for the grievant's discharge. Under these circumstances, the court overruled deferral by the Board because the arbitral finding did not encompass unfair labor practice issues.

Bloom v. N.L.R.B

In Bloom, as here, an employee refused to drive a truck he believed to be unsafe, was fired for that refusal, filed a grievance protesting his discharge as a violation of his rights under a collective bargaining agreement provision identical to the one at issue here, presented evidence to a bipartite grievance panel supporting his claim that his refusal to drive the truck was "justified", and suffered an adverse decision by the grievance panel.

Raytheon Company v. N.L.R.B

United States Postal Service v. N.L.R.B

Reviewing the "indefensible under the circumstances" test as applied in this Circuit