BRASWELL MOTOR FREIGHT LINES, INC., ET AL.
v.
PENSICK & GORDON, INC.; AND PENSICK & GORDON, INC., V. CALIFORNIA MOTOR EXPRESS ET AL.

U.S. | 1964-01-13
Nos. 625; No. 645
375 U.S. 984 Supreme Court of the United States (1964) Positive Treatment
Cited by 3 cases

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  • Richardson v. Commc'ns Workers OF Am., 443 F.2d 974 (8th Cir. 1971)
    …98 U.S. 927, 90 S.Ct. 1817, 26 L.Ed.2d 90; NLRB v. Cone Mills Corp., 373 F. 2d 595 (4 Cir. 1967); Industrial Union of Marine and Shipbuilding Workers of America v. NLRB, 320 F. 2d 615 (3 Cir. 1963), cert. denied, sub nom Bethlehem Steel Co. v. NLRB, 375 U.S. 984, 84 S. Ct. 516, 11 L.Ed.2d 472 (1964). The collective bargaining agreement in addition recognizes seniority rights, which as here, affect vacation pay, severance pay, pension rights and the expectancy not to be laid off during slack periods of wor…
  • …which permits unilateral employer action with respect to wages if, as we find here, the employer has failed to bargain in good faith. See, e. g., Industrial Union of Marine & Shipbuilding Workers v. NLRB, 320 F. 2d 615, 621 (3d Cir.), cert. denied, 375 U.S. 984, 84 S.Ct. 516, 11 L.Ed.2d 472 (1963). The fact that the Union and Employer had reached tentative agreement on the wage issue despite the Employer’s refusal to supply the required financial data is irrelevant under these circumstances. NLRB v. Fitz…
  • …these are known.1 In the federal courts it is held that the “real party in interest” is the one who, under applicable substantive law, has the legal right to bring the suit. Boeing Airplane Co. v. Perry, 322 F. 2d 589 (10th Cir. 1963), cert. denied, 375 U.S. 984, 84 S.Ct. 516, 11 L.Ed.2d 472 (1964). There is no provision in the Federal Rules of Civil Procedure for suit against persons under fictitious names, and there are likewise no provisions for anonymous plaintiffs. In Lindsey v. Dayton-Hudson Corp., 59…

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