SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL NO. 3

v.

SIEBLER HEATING & AIR CONDITIONING, INC., ET AL.

Citator

Cited By

• O'Hare v. Gen. Marine Transp. Corp., 740 F.2d 160 (2d Cir. 1984)
  …ted to bind unrepresented employees. While it is true that there are “unusual circumstances” which could justify a repudiation in this context, see, e.g., NLRB v. Siebler Heating & Air Conditioning, Inc., 563 F. 2d 366 (8th Cir.1977), cert. denied, 437 U.S. 911, 98 S.Ct. 3104, 57 L.Ed.2d 1142 (1978), General Marine’s argument fails here on a number of grounds. Even assuming, arguendo, that the two disputed clauses are illegal,5 none of the employees for whom the employer withheld Fund contributions is in a…
• Nat'l Labor Relations Bd. v. L. B. Priester & SON, Inc., 669 F.2d 355 (5th Cir. 1982)
  …ough not the Board, has held that an employer may withdraw where the employer association’s negotiating committee does not fairly represent its interests. NLRB v. Siebler Heating & Air Conditioning, Inc., 563 F. 2d 366 (8th Cir. 1977), cert. denied, 437 U.S. 911, 98 S.Ct. 3104, 57 L.Ed.2d 1142 (1978). Withdrawal after negotiations have commenced also has been permitted where the unit has been seriously fragmented, e.g., NLRB v. Southwestern Colorado Contractors Ass’n, 447 F. 2d 968, 969-70 (10th Cir. 1971…
• Nat'l Labor Relations Bd. v. Charles D. Bonanno Linen Serv., Inc., 630 F.2d 25 (1st Cir. 1980)
  …urts have also found “unusual circumstances” in instances where the negotiating committee does not fairly represent the interests of an employer. See NLRB v. Siebler Heating & Air Conditioning, Inc., 563 F. 2d 366, 371 (8th Cir. 1977), cert. denied, 437 U.S. 911, 98 S.Ct. 3104, 57 L.Ed.2d 1142 (1978); NLRB v. Unelko Corp., 71 Lab.Cas. ' 13,764 (7th Cir. 1973) (dictum). . See, e. g., Seattle Auto Glass, 246 NLRB No. 21, 1979-80 CCH NLRB ' 16,366 (1979); Golden Bear Motors, Inc., 245 NLRB No. 30, 1979-80 CCH…