Philadelphia Cordwainers (Phil 1806)

Philadelphia Cordwainers (Phil 1806) / combinations of craftsmen à criminal conspiracy
Commonwealth v. Hunt (1842) / No criminal conspiracy b/c no use either of illegal means or an illegal purpose.
Vegelahn v. Guntner (Mass. 1896) / Peaceful picketing may be permanently enjoined; Holmes Dissent A combination of people doing on anyone of them may lawfully do by himself is lawful. The ct allows free competition bw businessman and therefore should allow this.
Plant v. Woods (1900) / urging employers to persuade their employees to join a particular union constitutes an enjoinable conspiracy \ injunction issued
Danbury Hatters (US 1908) / Union boycotts retail stores that sell hats of struck employer Sherman Act applied to combinations of workers at least where goods cross state lines
Duplex Printing Press Co. v. Deering (US 1921) / Printing Presses; Secondary Boycotts Injunctions under the Clayton Act; Clayton Act only protects primary union activity, and only such activity as is "legitimate." Cannot invoke Clayton Act if non-union folks are involved.
Hitchman Coal & Coke Co. v. Mitchell (US 1917) / upholds injunction against unions to prevent them from trying to unionize a mine where the workers signed YDKs, repealed by Norris-LaGuardia statute
Apex Hosiery Co. v. Leader (US 1940) / Sherman Act not applicable to labor except in cases of 2ndary boycott. Effects not acts are key.
United States v. Hutcheson (US 1941) / No criminal liability pursuant to the Sherman act on a union which, because of a jurisdictional dispute w/ another union who calls for picketing the employer and a boycott of the employer’s product. Effects no longer matter.
NLRB v. Jones & Laughlin Steel Corp. (1937) / NLRA is constitutional under the commerce clause
Amer. Hospital Association v. NLRB (US 1991) / The NLRB has the authority under the NLRA to promulgate a general rule outlining the unit appropriate for the purposes of collective bargaining for an entire industry.
NLRB v. Catholic Bishops (1979) / Narrow interpretation of scope of statute to avoid conflict w/ 1st amendment. NRLB doesn’t have jurisdiction over religious schools
NLRB v. Hearst Publications, Inc. (US 1944) / Ct upholds NLRB’s position that newsboys are employees, C fixed by amending §2(3) in 1947 Taft Hartley to exclude IC’s.
NLRB v. United Insurance Co. (US 1968) / Deference to the NLRB in deciding who is an employee when decision was based on law and fact
NLRB v. Bell Aerospace Co. (US 1974) / Board not permitted to distinguish types of managerial employees (so on remand, the Board will simply call the group in question "non-management" \ covered by NLRA)
NLRB v. Yeshiva Univ. (US 1980) / Full time faculty members at a large private university were all managerial employees \ excluded under NLRA
Edward G. Budd Manufacturing Co. v. NLRB (3d Cir. 1943) / 8(a)(3) violated; employer may discharge an employee for a good reason, a poor reason, or no reason at all, so long as the provisions of the NLRA are not violated.
Phelps Dodge Corp. v. NLRB (1941) / §8(a)(3) no discriminating in both hiring and dismissal based on union membership or activities.
NLRB v. Transportation Management Corp. (US 1983), W / Employees- prima facie case showing that an impermissible reason was a motivating factor, Then BOP to employer: action would have been the same.
Radio Officers’ Union v. NLRB (US 1954) / Disparate treatment of union v. nonunion/ union-not-in-good-standing is inherently conducive to union membership . 8(a)(3) violation.
Republic Aviation Corp. NLRB (1945) / neutral acts without animus may nonetheless be an ULP where harm to § 7 rights outweighs legitimate employer interest. Employer can restrain leafleting in working areas/time; employees in the lunchroom, on break.
Great Dane Trailers (US 1967) / explicit differentiation between strikers and not is a per se ULP, because discourages union membership by discouraging participation in concerted activity.
NLRB v. Babcock & Wilcox Co. (1956) / no obligation for access by non-employee organizers unless the location unique and places the employees beyond the reach of reasonable union efforts to communicate with them.
Lechmere, Inc. v. NLRB (US 1992) / Organizers have no §7 rights \ organizers can only infringe on employer’s property rights of there is no reasonable alternative ie Logging Camp
NLRB v. Town & Country Electric, Inc. (1995) / “employee” in §2(3) includes those who are also paid as union organizers. Employer violated §§8(a)(1) and (3) by refusing to hire union members who were also organizers
NLRB v. J.M Lassing (US 1961) / Union shows up, employer Ks out. Change in operations motivated by financial or economic reasons is not an ULP
Textile Workers Union v. Darlington Manufacturing Co. (US 1965) / employer shuts down entire mill and liquidates the operation after workforce unionizes. liquidation is an ULP (8(a)(3) against the unionized plant's workers, 8(a)(1) against all the other plants' employees).
NLRB v. Washington Aluminum Co. (US 1962) / spontaneous walkout because shop too cold is protected under § 7. Firing violated 8(a)(1)
Elk Lumber Co. (NLRB 1950) / Partial or intermittent strikes or work slowdowns are not protected under §7 of NLRA, employees can negotiate or strike.
Eastex, Inc. v. NLRB (US 1978) Powell / distribution on an employers premises of literature containing appeals for “political” actions to improve the conditions of employees in general is a “concerted action” within the protection of §7. employees not limited to employees of a single firm
NLRB v. City Disposal Systems Inc. (US 1984) / The individual assertion of a right grounded in a collective agreement “concerted action” w/n the meaning of the NLRA §7. firing is an 8(a)(1) violation.
NLRB v. Magnavox Co. of Tennessee (US 1974) Douglas / union not permitted to waive the solicitation and distribution rights of employees by contract – some § 7 rights are not waivable.
Metropolitan Edison Co. v. NLRB (US 1983) / the right to strike is waivable but w/o contracting to do so employer cannot punish the union leaders more heavily
NLRB v. Streamway Division, Scott & Fetzer (6th Cir. 1982) / No violation of 8(a)(2) the committee was just a one-way communicative device that did not deal/bargain w/ the employer. Prior to committees UAW had failed.
Electromation, Inc. (7th cir. 1994) / employee action committee violated §8(a)(2) b/c employees participated, organization exists at least in part for the purpose of “dealing with” employers and these dealings concern “conditions of work”. §2(5). Committee disbanded as soon as organizing drive began.
NLRB v. Golub Corp. (2d Cir. 1967) Friendly / 8© allows employer to may make predictions (done here) of adverse consequences, but not threats of retaliation or reprisal for unionizations.
General Shoe Corp. (NLRB 1948), / Laboratory Conditions: conduct protected by 8(c) that is not an ULP can still taint the election process enough to be cause for a new one. Remedy: set aside election or cease and desist.
NLRB v. Gissel Packing Co. (US 1969) Warren / Violated 8(a)(1) by predicted that unionization would force the company to go out of business. establishes rules for when a bargaining order may issue as a remedy for employer ULPs, even though union has not in fact won an election by resting on "designate" in § 9(a).
Midland National Life Ins. V. Local 304(A), United Food & Commercial Workers (NLRB 1982) / certifies the election b/c court will set an election aside because of the deceptive manner is which it was made and not the truth or falsity of the parties’ campaign statements. Believes employees are smart.
NLRB v. Exchange Parts Co. (US 1964) Harlan / conferral of employee benefits while a representation election is pending violates §8(a)(1). Fist inside a velvet glove.
NLRB v. Savair Manufacturing Co. (US 1973), Douglas; White dissents / Unions cannot provide inducements prior to an election- here “recognition slips” in which employees who signed the slips did not have to pay the union initiation fees, but were not bound to vote for the union. Election is set aside. White: unions are different from employers
NLRB v. United Steelworkers of America (US 1958) (“Nutone & Avondale”) Frankfurter / Union did not ask for an exception to no solicitation rule, did not say it hurt them \ very enforcement of the rule is this case is not an unfair labor practice, but is qualified.
Excelsior Underwear Inc. (NLRB 1966) / An employer cannot use his §7 rights (ie refraining from union activity) to not disclose the names and addresses \ the election will be set aside.
J.I. Case Co v. NLRB (US 1944) Jackson / Individual contracts no matter what the circumstances that justify their execution or what their terms, may not be availed of to defeat or delay any procedures or rights under the NLRA.
Emporium Capwell Co. v. Western Addition Community Organization (1975), Marshall / Black employees, w/ claims of racial discrimination may not bypass their elected bargaining representative to deal directly with the employer.
NLRB v. Insurance Agents’ International Union (1960) Brennan / No 8(a)(b)(3) violation- economic weapons can be used so long as continue bargaining for an agreement (even where weapons are unprotected/employer cannot practically retaliate).
NLRB v. American National Insurance Co. (1952), Vinson / Is it not per se unlawful for an employer to bargain for a management fns.cl. in CBA b/c NLRB does not regulate substance of agreement; can’t compel concessions
NLRB v. A-1 King Size Sandwiches Inc. (11th Cir. 1984) / Violation of 8(a)(5). Board requires steady progress, give and take – can’t come back with worse proposals
NLRB v. Truitt Manufacturing Co. (US 1956) Black / where Co puts going out of business in play, must justify it, otherwise 8(a)(5) violation
Detroit Edison Co. v. NLRB (US 1979), Stewart / good faith does not required employer to divulge test/results to the union. Not required to damage you intellectual property.
NLRB v. Katz (US 1962), Brennan / An employer’s unilateral change in conditions of employment under negotiation (hence no impasse) is a violation §8(a)(5)
NLRB v. Wooster Division of Borg- Warner Corp. (US 1958), Burton / Employer may not refuse to agree to terms regarding mandatory subjects (8(d)) due to disagreement regarding permissive subjects of bargaining. Violates 8(a)(5)
Fibreboard Paper Products Corp. v. NLRB (US 1964), Warren / refusal to bargain because decided to contract out all unit work is a violation of § 8(a)(5). Stewart Conc.: this does not impose a duty to bargain over management decisions
NLRB v. Mackay Radio & Telegraph Co. (1938), Roberts / an economic striker may not be discharged, but may be replaced; Replaced strikers remain statutory employees; \no discrimination in rehiring based on union activity; does not cover lockouts
NLRB v. Erie Resistor Corp. (1963), White / Offer of super-seniority is an ULP b/c too detrimental to union (not just strike). Eg Radio Officers
Trans World Airlines, Inc. v. Independent Federation of Flight Attendants (US 1989) O’Connor / Junior replacements: keep positions gained during strike, but no change in seniority for layoffs, promotions, etc., going forward.
NLRB v. Curtin Matheson Scientific, Inc. (US 1990), Marshall / no presumption that replacements do not want union representation, Scalia Dissent: presumption against union is rational
American Ship Building Co. v. NLRB (US 1965), Stewart / once bargain to impasse, company may lockout employees purely to exert economic pressure – but cannot hire permanent replacements, only temps. (Mackay does not cover lockouts.)
Land Air Delivery, Inc. v. NLRB (D.C. Cir. 1988), Silverman / An employer may not permanently replace striking workers w/ subcontractors, w/o showing of strong, legitimate, business necessity which did not happen here. Employer faced w/ strike.
Teamsters, Local 695 v. Vogt, Inc. (1957) Frankfurter / State in enforcing a public policy constitutionally enjoin peaceful picketing aimed at preventing the effectuation of that policy. Here policy is to protect employees §7 rights not to coerce, intimidate or induce the employees to join a union
NLRB v. Business Machine, Local 459 (Royal Typewriter Co) (2d Cir. 1955) / §8(b)(4)(B) doesn’t protect a company from picketing who is providing services that Royal’s servicemen would do if they weren’t on strike
Ebasco Case Judge Rifkind / two employers are in cahoots \ Union can picket Project b/c You are not asking them to “cease doing business at arms length”
Sailors’ Union of Pacific & Moore Dry Dock (NLRB 1950) / picketing of the premises of a secondary employer is allowed if it meets ALL the following conditions: 1. limited to times when the situs of the dispute is located on 2ndary’s premises; at the time of the picketing, the primary is engaged in its normal business at the situs; limited to the places reasonable close to the location of the situs and the picketing discloses clearly that the dispute is with the primary
NLRB v. Denver Building & Construction Trades Council (1951) / Union committed §8(b)(4)(A) ULP by striking to force the GC on a construction project to terminate its contract with a certain (nonunionized) sub on that project. Right to control test for determining whose primary. Douglas Dissent: Picketing would have been legal if there was no sub. The right to strike, (guaranteed by §13) should not be dependent on fortuitous business arrangements
International Rice (US 1951) / Primary site à picketing primary
Local 761 International Union of Electric, Radio & Machine Workers v. NLRB (1961) / Separate Gate for ICs case. Picketing appeals to 2ndary only who either perform essential or “mixed work” which more than unsubstantially benefits the primary is Ok. It’s prohibited by §8(b)(4)(A) if tasks unconnected to normal operations or primary. (exception to International Rice)
NLRB v. Fruit and Vegetable Packers, Local 760 (US 1964) Brennan / No violation of §8(b)(4)(ii)(B) to 2nd ary picket of retail stores, limited to an appeal to the customer of said stores not to buy the products of certain firms.
NLRB v. Retail Store Employees Union, Local 1001 (Safeco Title Insurance Co.) (US 1980) Powell / limits Tree Fruits to where 2dary does not rely too heavily on sales of primary's product
Edward J. DeBartolo Corp. v. Florida Gulf Coast Bldg. & Const. Trades Council (1988). white / Leafleting Ok anywhere, and does not need to be "saved" by publicity proviso if it is not caught by "coercive" in § 8(b)(4)(ii)(B).