29 U.S.C. § 143
Saving provisions
Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent; nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this chapter.
Notes of Decisions
Cited in 52
cases, 1948–2002 · leading case: Gateway Coal Co. v. United Mine Workers, 414 U.S. 368 (1974).
Gateway Coal Co. v. United Mine Workers, 414 U.S. 368 (1974). “Relying in part on § 502 of the Labor Management Relations Act, 29 U. S. C. § 143 , the court found that there was a public policy disfavoring compulsory arbitration of safety disputes.”
Oil, Chem. & Atomic Workers Int'l Union, Afl-Cio v. Nat'l Labor Relations Bd., Tns, Inc., Intervenor, 46 F.3d 82 (D.C. Cir. 1995). “EDWARDS, Chief Judge: The underlying question in this case is whether employees who engage in a strike, which allegedly began as a protest over “abnormally dangerous” working conditions within the meaning of section 502 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §…”
Whirlpool Corp. v. Marshall, 445 U.S. 1 (1980). “Similarly, Section 502 of the Labor Management Relations Act, 29 U. S. C. § 143 , provides that “the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees [shall…”
Kenneth P. Prill v. Nat'l Labor Relations Bd., 755 F.2d 941 (D.C. Cir. 1985). “The petitioner also argues that the Board was required to determine whether § 502 of the Labor Management Relations Act, 29 U.S.C. § 143 (1982), supports his argument that his conduct is protected under § 7.”
Nat'l Labor Relations Bd.. v. Tamara Foods, Inc., 692 F.2d 1171 (8th Cir. 1982). “, and (2) Section 502 of the LMRA, 29 U.S.C. § 143 . These contentions will be discussed separately.”
Nat'l Labor Relations Bd. v. Pincus Bros., Inc.-Maxwell, 620 F.2d 367 (3d Cir. 1980). “Noting the difference between contract rights and statutory rights the court observed [o]ur approval of the Board’s deferral under Spielberg of statutory issues to arbi-tral resolution along with contractual issues is conditioned upon the resolution by the arbitral tribunal of…”
Nat'l Labor Relations Bd. v. Knight Morley Corp., 251 F.2d 753 (6th Cir. 1958). “It decided that in spite of the no-strike provision of the bargaining contract the cessation of work by the 17 buffers was protected under Section 502 of the Labor *757 Management Relations Act of 1947, 29 U.S.C. § 143 , 29 U.S.C.A. § 143 , the pertinent portion of which…”
United States v. William T. Taylor, United States of Am. v. Billy J. Florence, 693 F.2d 919 (9th Cir. 1982). “…Act (which does not apply to federal employees) states that striking does not include quitting under such conditions. 29 U.S.C. § 143 .”
Kansas City Royals Baseball Corp. v. Major League Baseball Players Ass'n, 409 F. Supp. 233 (W.D. Mo. 1976). “The question presented in United Mine Workers was whether a separate provision in the collective bargaining agreement, outside the arbitration clause, when considered in light of § 502 of the Labor Management Relations Act, 29 U.S.C. § 143 , could properly be construed to…”
United States v. Int'l Union, United Mine Workers of Am., 77 F. Supp. 563 (D.D.C. 1948). “The walkout as set forth in paragraph 19 hereof did not constitute the exercise of the right of individual employees to quit their labor, as set forth in section 502 of the Act, 29 U.S.C.A. § 143 , but was a strike on the part of the Union.”
James Banyard v. Nat'l Labor Relations Bd., McLean Trucking Co., Intervenor. Clay D. Ferguson v. Nat'l Labor Relations Bd., 505 F.2d 342 (D.C. Cir. 1974). “29 U.S.C. § 143 . Section 502 provides in relevant part: [Nlor Khali the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this chapter.”
Franklin Phillips v. Interior Bd. of Mine Operations Appeals, Bituminous Coaloperators' Ass'n & Kentucky Carbon Corp., Intervenors, 500 F.2d 772 (D.C. Cir. 1974). “I think this argument fails when examined in the light of the true scope of section 110(b)(1) and the additional remedies available to a miner who is concerned about his safety in the mine. A miner who is concerned about conditions in the mine which he considers dangerous is…”
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