Newbery Energy Corp.

7 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
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal Analyses
Finding violation of § 8 "whatever the employer's motive"
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Teamsters, Chauffeurs Helpers v. N.L.R.B
325 F.2d 1011 (D.C. Cir. 1963) Cited 22 times
No. 16415. Argued November 12, 1963. Decided December 5, 1963. Mr. L.N.D. Wells, Jr., Dallas, Tex., with whom Mr. David Previant, Milwaukee, Wis., was on the brief, for petitioner. Mr. Hugh Hafer, Seattle, Wash., also entered an appearance for petitioner. Mr. Melvin Pollack, Atty., N.L.R.B., with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent. Mr. Alexander E. Wilson, Jr., Atlanta, Ga., with whom
N.L.R.B. v. Swain and Morris Construction Co.
431 F.2d 861 (9th Cir. 1970) Cited 7 times
In NLRB v. Swain Morris Construction Co., 431 F.2d 861 (9th Cir. 1970), this court assumed, without deciding, that an employee's refusal to cross a picket line at an employer other than his own is protected activity.
Howard Elec. v. Int'l B. E.W. Loc. U. No. 570
423 F.2d 164 (9th Cir. 1970) Cited 7 times
Finding that "[a]rbitration is consensual and it is for the courts to decide if the reluctant party has given up its right to pursue any remedy it desires by virtue of the arbitration provisions in the contract"

Newbery Energy Corp.

7 Cited authorities

Labor Board v. Mackay Co.

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

SCM Corp. v. Advance Business Systems & Supply Co.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Labor Board v. Burnup Sims

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

Laidlaw Corporation v. N.L.R.B

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Teamsters, Chauffeurs Helpers v. N.L.R.B

N.L.R.B. v. Swain and Morris Construction Co.

In NLRB v. Swain Morris Construction Co., 431 F.2d 861 (9th Cir. 1970), this court assumed, without deciding, that an employee's refusal to cross a picket line at an employer other than his own is protected activity.

Howard Elec. v. Int'l B. E.W. Loc. U. No. 570

Finding that "[a]rbitration is consensual and it is for the courts to decide if the reluctant party has given up its right to pursue any remedy it desires by virtue of the arbitration provisions in the contract"