Mackay Radio and Telegraph Co., Inc.

16 Cited authorities

Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 534 times 4 Legal Analyses
Holding 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
Labor Board v. Fansteel Corp.
306 U.S. 240 (1939) Cited 281 times
In Fansteel, the Board awarded reinstatement with backpay to employees who engaged in a "sit down strike" that led to confrontation with local law enforcement officials.
Southern S.S. Co. v. Labor Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
Labor Board v. Sands Mfg. Co.
306 U.S. 332 (1939) Cited 139 times
In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.
United States Smelting, Refining Mining v. Lowe
338 U.S. 954 (1950) Cited 51 times
No. 489. February 13, 1950. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Facts and opinion, 175 F.2d 486, 12 Alaska 423; 176 F.2d 813, 12 Alaska 473; D.C., 66 F. Supp. 897, 11 Alaska 184; D.C., 74 F. Supp. 917, 11 Alaska 429. PER CURIAM: The petition for writ of certiorari is granted. The Court is of the opinion that a new trial should be granted. Accordingly, without expressing any opinion as to other questions presented, the judgments of the Court
Nat'l Labor Relations Bd. v. National Maritime Union of America
175 F.2d 686 (2d Cir. 1949) Cited 40 times
Bargaining for discriminatory hiring hall clause
West Texas Utilities v. National Labor R. BD
184 F.2d 233 (D.C. Cir. 1950) Cited 22 times
In West Texas Utilities Co. v. National Labor R. Bd., 87 U.S.App.D.C. 179, 184 F.2d 233, 239, the District of Columbia Court said: "The failure of union officers to comply with 9(h) does not in any way relieve an employer of the paramount obligation to bargain collectively in good faith.
Hoover Co. v. Nat'l Labor Relations Bd.
191 F.2d 380 (6th Cir. 1951) Cited 18 times
No. 11223. July 9, 1951. Donald K. Merwin, Richard G. McCuskey, Canton, Ohio (Donald K. Merwin, Richard G. McCuskey, Canton, Ohio, on the brief, Black, McCuskey, Souers Arbaugh, Canton, Ohio, of counsel), for petitioner. Herschel Kriger, Canton, Ohio (Herschel Kriger, Canton, Ohio, on the brief), for charging parties amicus curiae. Isadore J. Gromfine, Washington, D.C. (George J. Bott, David Findling, A Norman Somers, Owsley Vose, and Arnold Ordman, all of Washington, D.C. on the brief), for respondent
Stewart Die Casting v. Nat'l Labor Relations Bd.
114 F.2d 849 (7th Cir. 1940) Cited 29 times
In Stewart Die Casting Corporation v. National Labor Relations Board, 7 Cir., 114 F.2d 849, 858, the court conditioned enforcement of the Board's order upon a redetermination of the bargaining agent particularly because of the length of time which had elapsed between the hearing and the Board's order to bargain.
National Labor Rel. Board v. Dorsey Trailers
179 F.2d 589 (5th Cir. 1950) Cited 17 times
No. 12750. January 30, 1950. T. Lowry Whittaker, Chief Legal Officer, National Labor Relations Bd., Atlanta, Ga., A. Norman Somers, Asst. Gen. Counsel, National Labor Relations Bd., Washington, D.C., David P. Findling, Assoc. Gen. Counsel, National Labor Relations Bd., Washington, D.C., for petitioner. Bentley G. Byrnes, New Orleans, La., for respondent. Before HUTCHESON, Chief Judge, and HOLMES and McCORD, Circuit Judges. HUTCHESON, Chief Judge. Based upon findings that respondent had engaged, and

Mackay Radio and Telegraph Co., Inc.

16 Cited authorities

Holding 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

In Fansteel, the Board awarded reinstatement with backpay to employees who engaged in a "sit down strike" that led to confrontation with local law enforcement officials.

Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”

In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.

Bargaining for discriminatory hiring hall clause

In West Texas Utilities Co. v. National Labor R. Bd., 87 U.S.App.D.C. 179, 184 F.2d 233, 239, the District of Columbia Court said: "The failure of union officers to comply with 9(h) does not in any way relieve an employer of the paramount obligation to bargain collectively in good faith.