Everbrite Electric Signs, Inc.

12 Cited authorities

Conley v. Gibson
355 U.S. 41 (1957) Cited 59,268 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Aeronautical Lodge v. Campbell
337 U.S. 521 (1949) Cited 95 times
In Campbell, the Supreme Court held that the Selective Service Act, which required employers to return a veteran to the same position he held prior to entering military service "without loss of seniority" did not render unlawful a clause in the collective-bargaining agreement providing for superseniority for "union chairmen" over veterans in case of layoff.
Timken Roller Bearing Company v. N.L.R.B
325 F.2d 746 (6th Cir. 1963) Cited 56 times
In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.
N.L.R.B. v. United Brass Works, Inc.
287 F.2d 689 (4th Cir. 1961) Cited 35 times
No. 8190. Argued November 7, 1960. Decided February 25, 1961. Paul J. Spielberg, Atty., N.L.R.B., Washington, D.C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Melvin J. Welles, Atty., N.L.R.B., Washington, D.C., on the brief), for petitioner. J.W. Alexander, Jr., Charlotte, N.C. (Blakeney, Alexander Machen, Charlotte, N.C., on the brief), for respondent. Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and BRYAN, District
Fafnir Bearing Company v. N.L.R.B
362 F.2d 716 (2d Cir. 1966) Cited 24 times
Relying upon the “clear and unmistakable waiver” rule
General Electric Company v. N.L.R.B
414 F.2d 918 (4th Cir. 1969) Cited 17 times
Holding that employer committed an unfair labor practice by failing to disclose results of survey of wages paid by other employers in the area in response to request by union
National Labor Rel. Board v. J.H. Allison Co.
165 F.2d 766 (6th Cir. 1948) Cited 44 times
No. 10411. January 26, 1948. On Petition for Enforcement of an Order of the National Labor Relations Board. Petition by National Labor Relations Board, for enforcement of its order directing J.H. Allison Co. to cease and desist from refusing to bargain collectively concerning so-called "merit wage increases" with a labor union, as exclusive representative and bargaining agent of its production workers and to grant no merit wage increases to such employees without prior consultation with the union
J.I. Case Company v. National Labor Rel. Board
253 F.2d 149 (7th Cir. 1958) Cited 20 times
In J.I. Case we simply noted that a union has, absent a showing of relevance, no "`per se' right to information" it requests from an employer during the course of collective bargaining.
Timken Roller Bearing v. Natl. Labor Rel. Bd.
161 F.2d 949 (6th Cir. 1947) Cited 31 times
In Timken Roller Bearing Co. v. National Labor Relations Board, 6 Cir., 161 F.2d 949, relied upon by plaintiff, arbitrability of the question of contracting out work was recognized as an interpretation of a management function clause of the agreement there involved.
N.L.R.B. v. Preiser Scientific, Inc.
387 F.2d 143 (4th Cir. 1967)
No. 11242. Argued November 9, 1967. Decided December 4, 1967. Elliott Moore, Attorney, N.L.R.B. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Thomas Canafax, Jr., Attorney, N.L.R.B., on brief), for petitioner. Frederick F. Holroyd, Charleston, W. Va., for respondent. Before BRYAN and WINTER, Circuit Judges, and W.W. JONES, District Judge. PER CURIAM: This is a petiton by the National Labor Relations Board for effectuation
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 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"

Everbrite Electric Signs, Inc.

12 Cited authorities

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.

Relying upon the “clear and unmistakable waiver” rule

Holding that employer committed an unfair labor practice by failing to disclose results of survey of wages paid by other employers in the area in response to request by union

In J.I. Case we simply noted that a union has, absent a showing of relevance, no "`per se' right to information" it requests from an employer during the course of collective bargaining.

In Timken Roller Bearing Co. v. National Labor Relations Board, 6 Cir., 161 F.2d 949, relied upon by plaintiff, arbitrability of the question of contracting out work was recognized as an interpretation of a management function clause of the agreement there involved.

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"