MV Transportation, Inc.

93 Cited authorities

Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,739 times 60 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Stolt-Nielsen S.A. v. Animalfeeds Intr.
559 U.S. 662 (2010) Cited 1,692 times 211 Legal Analyses
Holding that a prudential ripeness argument was waived
Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.
556 U.S. 502 (2009) Cited 1,082 times 21 Legal Analyses
Holding that agencies may not change their policies "sub silentio "
Steelworkers v. Warrior Gulf Co.
363 U.S. 574 (1960) Cited 5,588 times 6 Legal Analyses
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”
Steelworkers v. Enterprise Corp.
363 U.S. 593 (1960) Cited 3,879 times 2 Legal Analyses
Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator
14 Penn Plaza LLC v. Pyett
556 U.S. 247 (2009) Cited 547 times 27 Legal Analyses
Holding that a collective bargaining agreement that "clearly and unmistakably requires union members to arbitrate [Age Discrimination in Employment Act] claims is enforceable as a matter of federal law"
Encino Motorcars, LLC v. Navarro
136 S. Ct. 2117 (2016) Cited 382 times 19 Legal Analyses
Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages
Litton Financial Printing Division v. Nat'l Labor Relations Bd.
501 U.S. 190 (1991) Cited 792 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
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,180 times 14 Legal Analyses
Holding that reviewing court may consider only grounds invoked by agency
Steelworkers v. Am. Mfg. Co.
363 U.S. 564 (1960) Cited 2,225 times 1 Legal Analyses
Holding that because the parties bargained for the “arbitrator's judgment,” the underlying “question of contract interpretation” is for the arbitrator, and the courts have “no business weighing the merits of the grievance”
Section 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,648 times 13 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,304 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,046 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,084 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
Section 7106 - Management rights
5 U.S.C. § 7106 Cited 189 times
Specifying the management rights over which agencies have no duty to bargain

MV Transportation, Inc.

93 Cited authorities

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that a prudential ripeness argument was waived

Holding that agencies may not change their policies "sub silentio "

Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator

Holding that a collective bargaining agreement that "clearly and unmistakably requires union members to arbitrate [Age Discrimination in Employment Act] claims is enforceable as a matter of federal law"

Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages

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 reviewing court may consider only grounds invoked by agency

Holding that because the parties bargained for the “arbitrator's judgment,” the underlying “question of contract interpretation” is for the arbitrator, and the courts have “no business weighing the merits of the grievance”

Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

Granting employees a wage increase without bargaining with Local 355

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Specifying the management rights over which agencies have no duty to bargain