Service Electric Co.

16 Cited authorities

Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 325 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 234 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 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
Nat'l Labor Relations Bd. v. International Van Lines
409 U.S. 48 (1972) Cited 71 times
Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired
Soule Glass and Glazing Co. v. N.L.R.B
652 F.2d 1055 (1st Cir. 1981) Cited 97 times
Holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"
N.L.R.B. v. Tahoe Nugget, Inc.
584 F.2d 293 (9th Cir. 1978) Cited 58 times
In Tahoe Nugget and Sahara-Tahoe we stressed that the evidence presented to establish reasonable good faith doubt, individually or cumulatively, must unequivocally indicate that union support had declined to a minority.
Capitol-Husting Co., Inc. v. N.L.R.B
671 F.2d 237 (7th Cir. 1982) Cited 50 times
Finding that the "Union acted reasonably in relying" on Capitol-Husting's offer to match financial package offered by rival company that the Union was also negotiating with, such that Capitol-Husting was acting in bad faith to claim that Union's failure to expressly accept this offer nullified its obligation to abide by the contract
Ewing v. N.L.R.B
732 F.2d 1117 (2d Cir. 1984) Cited 11 times
Rejecting Board's attempt to divorce trial examiner's credibility assessment from analysis of evidence and derivative inferences as to whether Company's failure to recall employee from layoff was motivated by suspicion that employee had reported Company to regulators and triggered inspection
N.L.R.B. v. Top Mfg. Co., Inc.
594 F.2d 223 (9th Cir. 1979) Cited 13 times
In N.L.R.B. v. Top Manufacturing Co., Inc., 594 F.2d 223 (9th Cir. 1979), we were called upon to determine whether an economic strike had been converted into an unfair labor practice strike.
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,106 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"

Service Electric Co.

16 Cited authorities

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

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

Holding that a statement that striking employees "are being permanently replaced" constituted an unlawful discharge when permanent replacements had not been hired

Holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"

In Tahoe Nugget and Sahara-Tahoe we stressed that the evidence presented to establish reasonable good faith doubt, individually or cumulatively, must unequivocally indicate that union support had declined to a minority.

Rejecting Board's attempt to divorce trial examiner's credibility assessment from analysis of evidence and derivative inferences as to whether Company's failure to recall employee from layoff was motivated by suspicion that employee had reported Company to regulators and triggered inspection

In N.L.R.B. v. Top Manufacturing Co., Inc., 594 F.2d 223 (9th Cir. 1979), we were called upon to determine whether an economic strike had been converted into an unfair labor practice strike.

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"