national-labor-relations-act

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-1052 Samson Tug and Barge Co., Inc. v. International Longshore and Warehouse Union, Alaska Longshore Division, et al. Ninth Circuit 2026-03-05 Pending Response Waived arbitration hot-cargo labor-union national-labor-relations-act secondary-boycott work-preservation-defense 1. Does a union carry its burden of proof on the work preservation defense to a secondary boycott claim by citing its members' work for any employer i…
24-651 Quickway Transportation, Inc. v. National Labor Relations Board, et al. Sixth Circuit 2024-12-16 Denied anti-union-animus intra-management-communications mandatory-bargaining national-labor-relations-act partial-closing unfair-labor-practice The Supreme Court in Textile Workers Union of America v. Darlington Manufacturing Co., 380 U.S. 263, 273-75 (1965) held that an employer's anti-union …
24-511 Brent Electric Company, Inc. v. International Brotherhood of Electrical Workers Local Union No. 584 Tenth Circuit 2024-11-05 Denied collective-bargaining council-on-industrial-relations interest-arbitration mandatory-subjects national-labor-relations-act union-agreement Brent Electric Company, Inc. ("Brent Electric") was bound by a collective bargaining agreement with the International Brotherhood of Electrical Worker…
23-1085 Kava Holdings, LLC, dba Hotel Bel-Air v. National Labor Relations Board Ninth Circuit 2024-04-05 Denied 8(a)(3) anti-union-animus burden-of-proof circuit-court-split employment-discrimination labor-relations national-labor-relations-act nlrb-standard unfair-labor-practice In a case involving alleged refusals to hire based on anti-union animus under Section 8(a)(3), may the Board rely solely on "generalized" animus, when…
23-367 Starbucks Corporation v. M. Kathleen McKinney, Regional Director of Region 15 of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board Sixth Circuit 2023-10-05 Judgment Issued Amici (16)Relisted (2) administrative-law circuit-split federal-district-courts national-labor-relations-act national-labor-relations-board preliminary-injunction unfair-labor-practices Whether courts must evaluate the NLRB's requests for section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injun…
23-325 South Carolina State Ports Authority, et al. v. National Labor Relations Board, et al. Fourth Circuit 2023-09-28 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) industrial-conflict labor-dispute labor-relations maritime-carriers national-labor-relations-act neutral-employers nlra-interpretation secondary-boycott union-tactics work-preservation work-preservation-defense To increase pressure on an employer with whom it has a labor dispute (a "primary" employer), a union sometimes decides to coerce or threaten "secondar…
22-1101 William Tyrone Cunningham v. Merit Systems Protection Board Federal Circuit 2023-05-11 Denied Response Waived due-process equal-protection federal-employment national-labor-relations-act probationary-period veterans-preference The Petitioner is a preference eligible United States Veteran that has 8 years of prior federal employment with the United States Postal Service (USPS…
21-1520 Wismettac Asian Foods, Inc. v. National Labor Relations Board Ninth Circuit 2022-06-03 Denied Response Waived administrative-law civil-procedure due-process employer-speech first-amendment free-speech labor-board labor-law national-labor-relations-act section-8c standing union-authorization 1. Did the National Labor Relations Board violate Section 8(c) of the National Labor Relations Act, 29 U.S.C. § 158(c), which guarantees employer free…
21-1449 Glacier Northwest, Inc., dba CalPortland v. International Brotherhood of Teamsters Local Union No. 174 Washington 2022-05-16 Judgment Issued Amici (17) labor-dispute labor-disputes labor-relations national-labor-relations-act preemption property-destruction property-rights state-tort-claim tort-law union-activity Does the National Labor Relations Act impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the …
20-1744 Google, Inc., et al. v. John Doe, et al. California 2021-06-16 Denied Response RequestedResponse WaivedRelisted (2) administrative-law civil-procedure federal-preemption labor-relations national-labor-relations-act nlra-jurisdiction penalties preemption state-law-claims statutory-preemption Where plaintiff has sought and obtained relief under the National Labor Relations Act, does the Act preempt plaintiff's state-law claim for penalties …
20-1111 International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 229, AFL-CIO v. National Labor Relations Board Ninth Circuit 2021-02-12 Denied content-based content-based-restriction first-amendment labor-speech national-labor-relations-act secondary-boycott speaker-based strict-scrutiny union-inducement viewpoint-discriminatory Whether the secondary boycott provision of the National Labor Relations Act prohibiting peaceful and non-coercive Union inducement of workers to leave…
19-1229 Edward Lee Mulcahy v. Aspen Skiing Company Colorado 2020-04-18 Denied 1st-amendment colorado-constitution constitutional-rights first-amendment free-speech national-labor-relations-act public-lands retaliation ski-lift unionization 1. Is the banning from ski lift operations on public lands during Plaintiffs distribution of a unionization flyer promoting a living wage a violati…
19-628 Michael Cetta, Inc., dba Sparks Restaurant v. National Labor Relations Board District of Columbia 2019-11-15 Denied Response Waived administrative-law civil-rights discharge due-process employee-discharge employer-statements employment labor-dispute labor-relations mutual-understanding national-labor-relations-act permanent-employment prudent-employee prudent-employee-standard replacement-workers standing unconditional-offer-to-return 1. Whether the Court of Appeals erred in holding striking employees had been discharged in violation of the National Labor Relations Act ("NLRA"), eve…
18-9582 In Re E. Edward Zimmermann 2019-06-07 Denied Response WaivedRelisted (3)IFP civil-rights due-process employment-conditions federal-preemption federalism government-regulation labor-law labor-relations labor-rights national-labor-relations-act statutory-interpretation workplace-governance Are "terms and conditions of employment and working conditions" as defined by The National Labor Relations Act (NLRA), subject matter left to free peo…
18-1070 Village of Lincolnshire, Illinois, et al. v. International Union of Operating Engineers Local 399, et al. Seventh Circuit 2019-02-15 GVR employment-law federalism labor-relations labor-unions local-government municipal-ordinance national-labor-relations-act political-subdivision preemption right-to-work state-law statutory-interpretation union-membership Section 14(b) of the National Labor Relations Act states that nothing in the Act "shall be construed as authorizing the execution or application of ag…
18-873 Casino Pauma v. National Labor Relations Board Ninth Circuit 2019-01-08 Denied chevron-deference civil-rights employee-solicitation indian-gaming-regulatory-act indian-tribes labor-law labor-solicitation national-labor-relations-act republic-aviation tribal-sovereignty For over seventy years, the National Labor Relations Act, 29 U.S.C. § 151 et seq., was interpreted as not applying to Indian tribes according to admin…
18-855 Ray Allen, Secretary, Wisconsin Department of Workforce Development, et al. v. International Association of Machinists District Ten, et al. Seventh Circuit 2019-01-04 Dismissed Amici (4)Relisted (2) dues-checkoff federal-law labor-law labor-relations national-labor-relations-act preemption right-to-work summary-affirmance union-authorization Whether this Court should overrule its summary affirmance in Sea Pak v. Industrial, Technical, and Professional Employees, Division of National Mariti…
18-608 Capital Medical Center v. National Labor Relations Board, et al. District of Columbia 2018-11-09 Denied acute-care-hospital employee-rights informational-picketing labor-relations national-labor-relations-act nlrb private-property private-property-rights section-7-rights unfair-labor-practices 1. Whether the National Labor Relations Board (Board), as affirmed by the D.C. Circuit, correctly determined that Republic Aviation Corp. v. NLRB, 324…