strike clause (Pennsylvania) · Go Syfert
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strike clause in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1959–2019 0 in the last five years

The cases below were cited by Pennsylvania 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.

Followed or applied (2)

CaseFollowedCited
Woodland Hills Education Ass'n v. Woodland Hills School Districtgreen
pacommwct · 1986 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See Woodland Hills Education Association, PSEA/NEA v. Woodland Hills School District , 96 Pa.Cmwlth. 502 , 508 A.2d 365 , 366 (1986) (court of common pleas considered the school district's declaratory judgment action seeking reimbursement for payments made for benefits paid to teachers during their strike under Section 1006 of the PERA).

2019See Woodland Hills Education Association, PSEA/NEA v. Woodland Hills School District , 96 Pa.Cmwlth. 502 , 508 A.2d 365 , 366 (1986) (court of common pleas considered the school district's declaratory judgment action seeking reimbursement for payments made for benefits paid to teachers during their strike under Section 1006 of the PERA).

22
McCormick Dray Lines, Inc. v. Commonwealthgreen
pacommwct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
2 sentences

1985“A claimant whose employment has been interrupted by a work stoppage arising out of a labor dispute bears the burden of .proving that the stoppage resulted from a lockout.” McCormick Dray Lines v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 181, 184 , 459 A.2d 74, 76 (1983).

1985“A claimant whose employment has been interrupted by a work stoppage arising out of a labor dispute bears the burden of .proving that the stoppage resulted from a lockout.” McCormick Dray Lines v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 181, 184 , 459 A.2d 74, 76 (1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Silverman v. POLIS green
pasuperct · 1974
2 sentences

1984Silverman v. Polis, 230 Pa.Super. 366 , 326 A.2d 452 (1974).

1984Silverman v. Polis, 230 Pa.Super. 366 , 326 A.2d 452 (1974).

11984–1984
Weimer Unemployment Compensation Case green
pasuperct · 1954
2 sentences

1961In Weimer Unemployment Compensation Case, 176 Pa. Superior Ct. 348 (allocatur refused, ibid xxvi), 107 A. 2d 607 , in an opinion written by President Judge Rhodes for a unanimous court, it was held that the employes were ineligible for unemployment compensation even though the agreement between the company and the union did not contain a no strike clause.

1961In Weimer Unemployment Compensation Case, 176 Pa. Superior Ct. 348 (allocatur refused, ibid xxvi), 107 A. 2d 607 , in an opinion written by President Judge Rhodes for a unanimous court, it was held that the employes were ineligible for unemployment compensation even though the agreement between the company and the union did not contain a no strike clause.

11961–1961
National Labor Relations Board v. Dorsey Trailers, Inc. green
ca5 · 1950
1 sentence

1959The only limitation upon the right of the employer to discharge an employe is that he may not, under cover of such right, interfere with, restrain or coerce his employes in the exercise of their rights of self-organization and collective bargaining nor discriminate against them because of union activity, in violation of the provisions of the act.” We agree with the employer that the strike was in violation of the collective bargaining agreement and therefore was unprotected activity: National Labor Relations Board v. Reynolds International Pen Co., 162 F. 2d 680 ; National Labor Relations Boar

11959–1959
United Construction Workers and United Mine Workers of America v. Haislip Baking Company, a Virginia Corporation green
ca4 · 1955
1 sentence

1959In Teamsters v. Mead, 230 F. 2d 576 (1956), Judge Magruder said (pages 583-584) : “As stated by Chief Judge Parker in United Construction Workers v. Haislip Baking Co., 4 Cir., 1955, 223 F. 2d 872, 876-77 , certiorari denied 1955, 350 U.S. 847 , 76 S. Ct. 87 [28 Labor Cases, Para. 69, 316] : ‘It is argued that a strike could not constitute a breach of a contract which did not contain a no strike clause; but we think it clear that the purpose of the contract was to require the settlement of disputes and grievances by a procedure which would not cause a disruption of business that would necessar

11959–1959
International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 25, A.F.L. v. W. L. Mead, Inc., (Two Cases) green
ca1 · 1956
1 sentence

1959In Teamsters v. Mead, 230 F. 2d 576 (1956), Judge Magruder said (pages 583-584) : “As stated by Chief Judge Parker in United Construction Workers v. Haislip Baking Co., 4 Cir., 1955, 223 F. 2d 872, 876-77 , certiorari denied 1955, 350 U.S. 847 , 76 S. Ct. 87 [28 Labor Cases, Para. 69, 316] : ‘It is argued that a strike could not constitute a breach of a contract which did not contain a no strike clause; but we think it clear that the purpose of the contract was to require the settlement of disputes and grievances by a procedure which would not cause a disruption of business that would necessar

11959–1959
National Labor Relations Board v. Sands Manufacturing Co. green
scotus · 1939
2 sentences

1959Co., 1939, 306 U.S. 332 , 59 S. Ct. 508 , 83 L.

1959Co., 1939, 306 U.S. 332 , 59 S. Ct. 508 , 83 L.

11959–1959
Pennsylvania Labor Relations Board v. Kaufmann Department Stores, Inc. green
pa · 1942
2 sentences

1959Stores, Inc., 345 Pa. 398 , 29 A. 2d 90 .

1959Stores, Inc., 345 Pa. 398 , 29 A. 2d 90 .

11959–1959
National Labor Relations Board v. Reynolds International Pen Co. green
ca7 · 1947
1 sentence

1959The only limitation upon the right of the employer to discharge an employe is that he may not, under cover of such right, interfere with, restrain or coerce his employes in the exercise of their rights of self-organization and collective bargaining nor discriminate against them because of union activity, in violation of the provisions of the act.” We agree with the employer that the strike was in violation of the collective bargaining agreement and therefore was unprotected activity: National Labor Relations Board v. Reynolds International Pen Co., 162 F. 2d 680 ; National Labor Relations Boar

11959–1959
Haislip Baking Co. v. United Construction Workers green
scotus · 1955
2 sentences

1959In Teamsters v. Mead, 230 F. 2d 576 (1956), Judge Magruder said (pages 583-584) : “As stated by Chief Judge Parker in United Construction Workers v. Haislip Baking Co., 4 Cir., 1955, 223 F. 2d 872, 876-77 , certiorari denied 1955, 350 U.S. 847 , 76 S. Ct. 87 [28 Labor Cases, Para. 69, 316] : ‘It is argued that a strike could not constitute a breach of a contract which did not contain a no strike clause; but we think it clear that the purpose of the contract was to require the settlement of disputes and grievances by a procedure which would not cause a disruption of business that would necessar

1959In Teamsters v. Mead, 230 F. 2d 576 (1956), Judge Magruder said (pages 583-584) : “As stated by Chief Judge Parker in United Construction Workers v. Haislip Baking Co., 4 Cir., 1955, 223 F. 2d 872, 876-77 , certiorari denied 1955, 350 U.S. 847 , 76 S. Ct. 87 [28 Labor Cases, Para. 69, 316] : ‘It is argued that a strike could not constitute a breach of a contract which did not contain a no strike clause; but we think it clear that the purpose of the contract was to require the settlement of disputes and grievances by a procedure which would not cause a disruption of business that would necessar

11959–1959

Where else courts name it

NY 14 (1913–2009) CA 11 (1968–2025) FL 9 (1964–2019) PA 6 (1959–2019) AL 4 (1960–2001) IL 3 (1923–2026) NJ 3 (1940–1976) MO 3 (1925–1989) OR 2 (1943–2015) RI 2 (1984–2003)

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.

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