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10 California opinions name it 1 courts 1974–2016 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
National Labor Relations Board v. Katzgreen2 sentences1996It follows that the Board may hold such unilateral action to be an unfair labor practice in violation of [statute], without also finding the employer guilty of over-all subjective bad faith. . . .” ( 369 U.S. at p. 747 [ 8 L.Ed.2d at p. 238 ], italics in original.) 6 PERB decisions have adopted both the holding and rationale of the Katz decision. 1996It follows that the Board may hold such unilateral action to be an unfair labor practice in violation of [statute], without also finding the employer guilty of over-all subjective bad faith. . . .” ( 369 U.S. at p. 747 [ 8 L.Ed.2d at p. 238 ], italics in original.) 6 PERB decisions have adopted both the holding and rationale of the Katz decision. | 2 | 2 |
California Teachers' Ass'n v. Livingston Union School Districtgreen2 sentences2016(Barstow Unified, supra, 43 Cal.App.4th at pp. 885-886; Livingston Union, supra, 219 Cal.App.3d at p. 1510 .) When determining whether a public school employer’s conduct may give rise to an unfair labor practice claim, a court ‘“must construe the activity broadly.” (Livingston Union, supra, 219 Cal.App.3d at p. 1511 .) ‘“[A] school district’s improper placement of a teacher on the salary schedule does not constitute an unfair practice as such an act is not of the same character as the unfair practices prohibited by Government Code section 3543.5.” ( Dixon, supra, 216 Cal.App.3d at pp. 1279-128 2016(Barstow Unified, supra, 43 Cal.App.4th at pp. 885-886; Livingston Union, supra, 219 Cal.App.3d at p. 1510 .) When determining whether a public school employer’s conduct may give rise to an unfair labor practice claim, a court ‘“must construe the activity broadly.” (Livingston Union, supra, 219 Cal.App.3d at p. 1511 .) ‘“[A] school district’s improper placement of a teacher on the salary schedule does not constitute an unfair practice as such an act is not of the same character as the unfair practices prohibited by Government Code section 3543.5.” ( Dixon, supra, 216 Cal.App.3d at pp. 1279-128 | 1 | 2 |
Abbott Laboratories v. Gardnerred2 sentences1994Notwithstanding the fact that the ALRB’s scheduled hearing was within its jurisdiction, Heublein asserts that the Superior Court was entitled to arrest the scheduled ALRB proceedings because these proceedings “would have denied Heublein any opportunity to defend itself on the merits of the unfair labor practice claim.” “[A] basic prerequisite to judicial review of administrative acts is the existence of a ripe controversy.” (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 169 [ 188 Cal.Rptr. 104 , 655 P.2d 306 ].) “ ‘Without undertaking to survey the intricacies of th 1994Notwithstanding the fact that the ALRB’s scheduled hearing was within its jurisdiction, Heublein asserts that the Superior Court was entitled to arrest the scheduled ALRB proceedings because these proceedings “would have denied Heublein any opportunity to defend itself on the merits of the unfair labor practice claim.” “[A] basic prerequisite to judicial review of administrative acts is the existence of a ripe controversy.” (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 169 [ 188 Cal.Rptr. 104 , 655 P.2d 306 ].) “ ‘Without undertaking to survey the intricacies of th | 1 | 1 |
Pacific Legal Foundation v. California Coastal Commissiongreen2 sentences1994Notwithstanding the fact that the ALRB’s scheduled hearing was within its jurisdiction, Heublein asserts that the Superior Court was entitled to arrest the scheduled ALRB proceedings because these proceedings “would have denied Heublein any opportunity to defend itself on the merits of the unfair labor practice claim.” “[A] basic prerequisite to judicial review of administrative acts is the existence of a ripe controversy.” (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 169 [ 188 Cal.Rptr. 104 , 655 P.2d 306 ].) “ ‘Without undertaking to survey the intricacies of th 1994Notwithstanding the fact that the ALRB’s scheduled hearing was within its jurisdiction, Heublein asserts that the Superior Court was entitled to arrest the scheduled ALRB proceedings because these proceedings “would have denied Heublein any opportunity to defend itself on the merits of the unfair labor practice claim.” “[A] basic prerequisite to judicial review of administrative acts is the existence of a ripe controversy.” (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 169 [ 188 Cal.Rptr. 104 , 655 P.2d 306 ].) “ ‘Without undertaking to survey the intricacies of th | 1 | 1 |
Michael Kolentus v. Avco Corporation and Avco Precision Products Division, Avco Corporation, and Chemical Bankgreen1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1 |
Slade v. United States of Mexicogreen1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1 |
Kolentus v. Avco Corp.green1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1 |
Randolph County v. Alabama Power Co.green1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1 |
National Labor Relations Board v. Waterman Steamship Corp.green2 sentences1979No. 40; Excelsior Underwear Inc., 156 N.L.R.B. 1236 ; N.L.R.B. v. Q-T Shoe Manufacturing Co. (3d Cir. 1969) 409 F.2d 1247, 1253 ; Labor Board v. Waterman S. S. Co., 309 U.S. 206, 226 [ 84 L.Ed. 704, 715 , 60 S.Ct. 493, 503 ].) 3 “In addition to its adjudicatory and executive powers, the board is vested with express legislative authority: section 1144 delegates to the board the power to make, amend, and repeal ‘such rules and regulations as may be necessary to carry out the provisions’ of the ALRA.” (ALRB v. Superior Court, supra, 16 Cal.3d at p. 400 .) 4 Labor Code section 1148 expressly direc 1979No. 40; Excelsior Underwear Inc., 156 N.L.R.B. 1236 ; N.L.R.B. v. Q-T Shoe Manufacturing Co. (3d Cir. 1969) 409 F.2d 1247, 1253 ; Labor Board v. Waterman S. S. Co., 309 U.S. 206, 226 [ 84 L.Ed. 704, 715 , 60 S.Ct. 493, 503 ].) 3 “In addition to its adjudicatory and executive powers, the board is vested with express legislative authority: section 1144 delegates to the board the power to make, amend, and repeal ‘such rules and regulations as may be necessary to carry out the provisions’ of the ALRA.” (ALRB v. Superior Court, supra, 16 Cal.3d at p. 400 .) 4 Labor Code section 1148 expressly direc | 1 | 1 |
Alcorn v. Anbro Engineering, Inc.green2 sentences1974(Alcorn v. Anbro Engineering, Inc., 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) IATSE As to appellant’s causes of action against the union, the jurisdictional question is whether this suit falls within the exception to exclusive NLRB jurisdiction delineated in Vaca v. Sipes, supra, 386 U.S. 171 [ 17 L.Ed.2d 842 , 87 S.Ct. 903 ], In that case the Supreme Court held that a violation of the union’s duty of fair representation, the duty to represent all members without hostility or discrimination toward any and to' exercise its discretion with complete good faith, is subject to the juri 1974(Alcorn v. Anbro Engineering, Inc., 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) IATSE As to appellant’s causes of action against the union, the jurisdictional question is whether this suit falls within the exception to exclusive NLRB jurisdiction delineated in Vaca v. Sipes, supra, 386 U.S. 171 [ 17 L.Ed.2d 842 , 87 S.Ct. 903 ], In that case the Supreme Court held that a violation of the union’s duty of fair representation, the duty to represent all members without hostility or discrimination toward any and to' exercise its discretion with complete good faith, is subject to the juri | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
INT'L FED'N OF PROF. & TECH. ENGINEERS v. Bunch
green
1 sentence2013(International Federation of Prof. & Technical Engineers v. Bunch (1995) 40 Cal.App.4th 670, 675-676 .) “This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 (Livingston Union School Dist.).) Although “PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged” (Dixon v. Board of Trustees (1989) 216 Cal.App.3d 1269, 1277 , italics added), it is well settled the board retains exclusiv | 1 | 2013–2013 |
Dixon v. Board of Trustees
green
1 sentence2013(International Federation of Prof. & Technical Engineers v. Bunch (1995) 40 Cal.App.4th 670, 675-676 .) “This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 (Livingston Union School Dist.).) Although “PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged” (Dixon v. Board of Trustees (1989) 216 Cal.App.3d 1269, 1277 , italics added), it is well settled the board retains exclusiv | 1 | 2013–2013 |
El Rancho Unified School District v. National Education Ass'n
green
1 sentence2008The Court of Appeal had concluded there was no arguable basis on which the strike giving rise to the damages could be found to be an unfair labor practice under the EERA and, therefore, PERB did not have exclusive jurisdiction. ( El Rancho, supra, 33 Cal.3d at pp. 948-952.) The Supreme Court disagreed. | 1 | 2008–2008 |
Local 926, International Union of Operating Engineers v. Jones
green
1 sentence1996(Id. at p. 683 [ 75 L.Ed.2d at p. 380 ], italics added.) *857 The Supreme Court distinguished Sears on the grounds that in Sears the issues which would have been raised in an unfair labor practice charge and those raised by the state trespass claim were “completely unrelated” and, accordingly, permitting the trespass action to go forward created “ ‘no realistic risk of interference’ ” with the labor board’s primary jurisdiction. | 1 | 1996–1996 |
Serrano v. Jones & Laughlin Steel Co.
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Parker v. Connors Steel Company
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Breen (Anne), Next Friend of Breen (Alice) v. Alabama Department of Education, Teague (Wayne)
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Serrano v. Jones & Laughlin Steel Co.
neutral
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
In re Disbarment of Benjamin
neutral
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Taylor v. Peabody Coal Co.
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
In re Disbarment of Doherty
neutral
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Reliance Insurance v. Glados, Inc.
neutral
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
In re Disbarment of Clayton
neutral
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Kentucky State Police Department v. Equal Employment Opportunity Commission
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Kindness v. Spang
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Boehm v. Trailer Train Co.
green
1 sentence1990These are the types of claims to which the Garmon preemption doctrine was intended to apply.” (Parker v. Connors Steel Co. (11th Cir. 1988) 855 F.2d 1510, 1516-1517 , rehg. den. (1988) 864 F.2d 795 , cert. den. (1989) 490 U.S. 1066 [ 104 L.Ed.2d 631 , 109 S.Ct. 2066 ]; accord Kolentus v. Avco Corp. (7th Cir. 1986) 798 F.2d 949, 961 , cert. den. (1987) 479 U.S. 1032 [ 93 L.Ed.2d 832 , 107 S.Ct. 878 ] [“The plaintiffs’ common law fraud claim [regarding *1409 failure to provide accurate information about an impending plant closure] is indistinguishable from an unfair labor practice claim that cou | 1 | 1990–1990 |
Agricultural Labor Relations Board v. Superior Court
green
1 sentence1979No. 40; Excelsior Underwear Inc., 156 N.L.R.B. 1236 ; N.L.R.B. v. Q-T Shoe Manufacturing Co. (3d Cir. 1969) 409 F.2d 1247, 1253 ; Labor Board v. Waterman S. S. Co., 309 U.S. 206, 226 [ 84 L.Ed. 704, 715 , 60 S.Ct. 493, 503 ].) 3 “In addition to its adjudicatory and executive powers, the board is vested with express legislative authority: section 1144 delegates to the board the power to make, amend, and repeal ‘such rules and regulations as may be necessary to carry out the provisions’ of the ALRA.” (ALRB v. Superior Court, supra, 16 Cal.3d at p. 400 .) 4 Labor Code section 1148 expressly direc | 1 | 1979–1979 |
National Labor Relations Board v. Q-T Shoe Manufacturing Co., Inc., and Martin S. Nadler as President of Q-T Shoe Manufacturing Company, Inc
green
1 sentence1979No. 40; Excelsior Underwear Inc., 156 N.L.R.B. 1236 ; N.L.R.B. v. Q-T Shoe Manufacturing Co. (3d Cir. 1969) 409 F.2d 1247, 1253 ; Labor Board v. Waterman S. S. Co., 309 U.S. 206, 226 [ 84 L.Ed. 704, 715 , 60 S.Ct. 493, 503 ].) 3 “In addition to its adjudicatory and executive powers, the board is vested with express legislative authority: section 1144 delegates to the board the power to make, amend, and repeal ‘such rules and regulations as may be necessary to carry out the provisions’ of the ALRA.” (ALRB v. Superior Court, supra, 16 Cal.3d at p. 400 .) 4 Labor Code section 1148 expressly direc | 1 | 1979–1979 |
Vaca v. Sipes
green
2 sentences1974(Alcorn v. Anbro Engineering, Inc., 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) IATSE As to appellant’s causes of action against the union, the jurisdictional question is whether this suit falls within the exception to exclusive NLRB jurisdiction delineated in Vaca v. Sipes, supra, 386 U.S. 171 [ 17 L.Ed.2d 842 , 87 S.Ct. 903 ], In that case the Supreme Court held that a violation of the union’s duty of fair representation, the duty to represent all members without hostility or discrimination toward any and to' exercise its discretion with complete good faith, is subject to the juri 1974(Alcorn v. Anbro Engineering, Inc., 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) IATSE As to appellant’s causes of action against the union, the jurisdictional question is whether this suit falls within the exception to exclusive NLRB jurisdiction delineated in Vaca v. Sipes, supra, 386 U.S. 171 [ 17 L.Ed.2d 842 , 87 S.Ct. 903 ], In that case the Supreme Court held that a violation of the union’s duty of fair representation, the duty to represent all members without hostility or discrimination toward any and to' exercise its discretion with complete good faith, is subject to the juri | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.