Local Joint Board, Hotel & Restaurant Employees and Bartenders International Union v. Sperry (1963)
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· 62 citation events
across 10 courts.
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Burlington Northern Railroad Company v. Gerald D. Bair, Director of the Department of Revenue of Iowa (1992)
The Wilson court relied on an earlier decision as well, Local Joint Bd., Hotel & Restaurant Employees & Bartenders Int’l Union v. Sperry, 323 F.2d 75 (8th Cir.1963), in which we first adopted the reasonable cause standard under section 10(Z), see id. at 77.
Union v. Sperry, supra, 323 F.2d at 77-78. 12 Since the Board must establish only the substantiality of the legal theory and not its ultimate validity, a novel or untested legal theory is not necessarily non-substantial.
Co, v. Meter, supra, 385 F.2d at 269; Local Joint Board v. Sperry, supra, 323 F.2d at 77.
Co. v. Meter, supra, 385 F.2d at 269; Local Joint Board v. Sperry, supra, 323 F.2d at 77.
Union v. Sperry, 323 F.2d 75, 77-78 (8th Cir. 1963).
E. g., Schauffler v. Local 1291, Int’l Longshoremen’s Ass’n, supra, 292 F.2d at 187 ; AFTRA v. Getreu, supra, 258 F.2d at 699; Madden v. International Org’n of Masters, Mates & Pilots, 259 F.2d 312, 313 (7 Cir.), cert, denied, 358 U.S. 909 , 79 S.Ct. 236 , 3 L.Ed.2d 229 (1958) ; Local Joint Board, Hotel & Restaurant Employees v. Sperry, supra, 323 F.2d at 77; Warehousemen’s Union, Local 6 v. Hoffman, 302 F.2d 352 , 353 (9 Cir. 1962).
Congressional distrust of the Labor Board's willingness to seek injunctions against picketing did not extend to action by the courts in ruling upon applications for such injunctions 19 This court has cited the Third Circuit's Schauffler decision in two 10(l) cases, McLeod v. Teamsters Local 282, 345 F.2d 142 , 145 (2 Cir. 1965), and McLeod v. National Maritime Union, 457 F.2d 490 , 493 (2 Cir. 1972), but on neither occasion did the court adopt the 'frivolous and insubstantia…
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Harold A. Boire Etc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America… (1973)
As above stated, our holding here is limited to our determination that a reasonable cause exists for the trial court’s action in granting the temporary injunction.” Id. 323 F.2d at 79.
See Local Joint Board, Hotel & Restaurant Employees v. Sperry, 323 F.2d 75 , 77-78 (8th Cir. 1963). 11 The Unions, appellees herein, do not dispute that the district court justifiably found "reasonable cause" based on the contested factual issues; nor do the Unions rest their case "upon the possibility of this Court overturning" the Wilson decision, even though the chance for critical review of the Wilson rationale motivated the district court to grant an injunction of limit…
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Dawidoff ex rel. National Labor Relations Board v. Minneapolis Building & Construction Trades Council (1977)
See Local Joint Board, Hotel & Restaurant Employees v. Sperry, 323 F.2d 75 , 77-78 (8th Cir. 1963).
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National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 265 (1979)
See Local Joint Board v. Sperry, 323 F.2d 75 , 79 (8th Cir. 1963); accord, NLRB v. Lawrence Typographical Union No. 570, 376 F.2d 643 , 654 (10th Cir. 1967); NLRB v. Local 3, IBEW, 339 F.2d 600, 601 (2d Cir. 1964).
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Solien v. United Steelworkers of America (1979)
See also, Local Joint Board v. Sperry, supra, 323 F.2d at 77-78 ; Douds v. Milk Drivers & Dairy Employees Union (2d Cir., 1957), 248 F.2d 534 , 537.
See also, Local Joint Board v. Sperry, supra, 323 F.2d at 77-78; Douds v. Milk Drivers & Dairy Employees Union (2d Cir., 1957), 248 F.2d 534 , 537. 35 In this case, as in Dawidoff v. Minneapolis Building & Construction Trades Council, 550 F.2d 407 (8th Cir. 1977), we cannot say, based on this record, that there is no reasonable basis upon which the NLRB would be able to sustain its charge before the Board.
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Hendrix v. Amalgamated Meat Cutters And Butcher Workmen Of North America, Afl-Cio, District Local 340 (1977)
See also, Local Joint Board v. Sperry, supra, 323 F.2d at 77-78; Douds v. Milk Drivers & Dairy Employees Union (2d Cir., 1957), 248 F.2d 534 , 537. 27 In this case, as in Dawidoff v. Minneapolis Building & Construction Trades Council, 550 F.2d 407 (8th Cir. 1977) we cannot say, based on this record, that there is no reasonable basis upon which the NLRB would be able to sustain its charge before the Board.
See also, Local Joint Board v. Sperry, supra, 323 F.2d at 77-78 ; Douds v. Milk Drivers & Dairy Employees Union (2d Cir., 1957), 248 F.2d 534 , 537.
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Terminal Freight Cooperative Association and Terminal Freight Handling Company v. National Labor Relations Bo… (1971)
See Local Joint Board, Hotel and Restaurant Emp., etc. v. Sperry, 323 F.2d 75 (8th Cir. 1963); Schauffler for and on Behalf of National Labor Relations Board v. Local 1291, International Longshoremen’s Association, 292 F.2d 182 (3rd Cir. 1961); Schauffler v. United Association of Journeymen, etc., 218 F.2d 476 (3rd Cir. 1955).