COMMON CARRIER CONFERENCE-IRREGULAR ROUTE ET AL.
v.
UNITED STATES ET AL.

U.S. | 1976-11-01
No. 76-209
429 U.S. 921 Supreme Court of the United States (1976) Caution
Cited by 34 cases

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Cited By (33 total)

  • …at 85 citing Board precedent. Essentially, if there is no change in the basic operations, then the successor employer must bargain with the prior union, even if the “unit” shrinks. NLRB v. Band[-]Age Inc., 534 F. 2d 1 (1st Cir.1976), cert. denied, 429 U.S. 921 [97 S.Ct. 318, 50 L.Ed.2d 288] (1976). Consequently, an employer’s reduction in size does not vitiate a presumption of majority support for an incumbent union. See NLRB v. Middleboro Fire Apparatus, 590 F. 2d 4, 8 (1st Cir.1978), approved Fall River…
  • Martin v. Wilks, 490 U.S. 755 (U.S. 1989)
    …e and a fair opportunity to intervene and if the judicial interest in finality is sufficiently strong. See Penn-Central Merger and N & W Inclusion Cases, 389 U. S. 486, 505-506 (1968). Cf. Bergh v. Washington, 535 F. 2d 505, 507 (CA9), cert. denied, 429 U. S. 921 (1976); Safir v. Dole, 231 U. S. App. D. C. 63, 70-71, 718 F. 2d 475, 482-83 (1983), cert. denied, 467 U. S. 1206 (1984); James & Hazard § 11.31, pp. 651-652. There is no need, however, to go that far in order to agree with the District Court’s emi…
  • …dentity of customers). The Court dismisses the effect of this 7-month hiatus, stating that such a break is important only if there are “other indicia of discontinuity.” Ante, at 45 (citing NLRB v. Band-Age, Inc., 534 F. 2d 1, 5 (CA1), cert. denied, 429 U. S. 921 (1976)). Of course, as noted in the text, there are a number of other “indicia of discontinuity” in this case. The case before us bears a substantial resemblance to Radiant Fashions, Inc., supra. In that case, the alleged successor was engaged in a…
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