Litigation Manual Outline and Litigation Manual, 1956-1971 |
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69 LRRM 73 LRRM activity adverse agreement Amalgamated Meat Cutters American anti-U application Assn backpay Bd order Bd's Bldg Board Bros CA-DC certification charge clause Coca-Cola Bottling Co complaint conduct Construction Cont'd Contra contract Contractors Corp ct of appeals DC-Calif DC-NY DC-Pa decision defense denied determination dictum discharge discriminatee discrimination discriminatory dist ct Ee's election employment enforcement evidence F 2d F Supp failure filing Food good-faith doubt grievance hearing held hiring Hod Carriers IBEW ILGWU illegal immaterial Industries Intl IUOE jurisdiction labor LRRM majority status membership Mills Miscellaneous Montgomery Ward Motor Natl Operating Engineers picketing plant Plumbers proceeding provisions refusal to bargain reinstatement rejected remand Retail Clerks rule secondary boycott Service Sportswear Steel Store CA-7 strike strikers supervisors sustained Teamsters threats Trades Council Transportation Truck Drivers Union unit United Steelworkers unlawful violation violative wage increase Waycross Wkrs
Popular passages
Page 106 - In expounding a statute, we must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy.
Page 87 - The Act does not interfere with the normal exercise of the right of the employer to select its employees or to discharge them. The employer may not, under cover of that right, intimidate or coerce its employees with respect to their self-organization and representation, and, on the other hand, the Board is not entitled to make its authority a pretext for interference with the right of discharge when that right is exercised...
Page 63 - in the exercise of its informed discretion," makes an order of restoration by way of back pay, the order "should stand unless it can be shown that the order is a patent attempt to achieve ends other than those which can fairly be said to effectuate the policies of the Act.
Page 107 - ... view — that the proviso reflects the draftsman's assumption that without it all secondary publicity is banned because it necessarily threatens, coerces or restrains a secondary employer — can be squared with the statutory language. But that appears to be a less plausible reading of the statute. In analyzing the legislative history, moreover, we must be ever mindful that we do a disservice to Congress if we construe the statute on the basis of the legislative history in a manner which would...
Page 163 - It therefore comes within the rule that the practical construction given to an act of Congress, fairly susceptible of different constructions, by those charged with the duty of executing it is entitled to great respect and, if acted upon for a number of years, will not be disturbed except for cogent reasons.
Page 85 - In reaching their decisions neither courts nor administrative bodies should ignore the realities of life and disregard common knowledge even though such knowledge may not have achieved a place within the purview of judicial notice.
Page 174 - ... interrelated that the Commission might well conclude that a retailer who for example failed to disclose that the fur was bleached or dyed might well default when it came to disclosure of the fact that used fur was contained in the garment. One cannot generalize as to the proper scope of these orders. It depends on the facts of each case and a judgment as to the extent to which a particular violator should be fenced in.
Page 401 - Consequently, to sit at a bargaining table, or to sit almost forever, or to make concessions here and there, could be the very means by which to conceal a purposeful strategy to make bargaining futile or fail. Hence, we have said in more colorful language it takes more than mere 'surface bargaining...
Page 89 - We are mindful of the holding in those cases that, "there is no place in the statutory scheme for one test of the substantiality of evidence in reinstatement cases and another test in other cases.
Page 260 - The danger inherent in well-timed increases in benefits is the suggestion of a fist inside the velvet glove. Employees are not likely to miss the inference that the source of benefits now conferred is also the source from which future benefits must flow and which may dry up if it is not obliged.