NEIDINGER
v.
UNITED STATES

U.S. | 1981-10-05
No. 81-22
454 U.S. 859 Supreme Court of the United States (1981) Positive Treatment
Cited by 3 cases

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  • GAY v. Waiters' & Dairy Lunchmen's Union, 694 F.2d 531 (9th Cir. 1982)
    …igh School Dist., 565 F. 2d 1087 (9th Cir. 1977); White v. City of San Diego, 605 F. 2d 455 (9th Cir. 1979); [*540] McLean v. Phillips-Ramsey, Inc., 624 F. 2d 70 (9th Cir. 1980) (per curiam); Hagans v. Andrus, 651 F. 2d 622 (9th Cir.), cert. denied, 454 U.S. 859, 102 S.Ct. 313, 70 L.Ed.2d 157 (1981); Fernandez v. Wynn Oil Co., 653 F. 2d 1273 (9th Cir. 1981). These factual findings include the four McDonnell Douglas elements themselves, which are, after all, factual determinations.7 These cases lead to the…
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  • …olition of all positions at Rumford was an attempt to acquire a set of totally new “rights for the future,” which must be processed as a major dispute before it can be effected. See Carbone v. Meserve, 645 F. 2d 96, 98 (1st Cir. 1981), cert. denied, 454 U.S. 859, 102 S.Ct. 312, 70 L.Ed.2d 156. The court found, and appellants do not dispute, that “[T]he contract language ... does not apply ..., either to expressly or by reasonable implication, authorize or prohibit [the lease arrangement and resulting job ab…
  • …the railroad’s action appeared to conflict with the language of the bargaining agreement that “[i]n sum, there may be a violation of the contract, but this is a question of interpretation, and as such is outside of our jurisdiction”), cert. denied, 454 U.S. 859, 102 S.Ct. 312, 70 L.Ed.2d 156 (1981). We recognize that leases may exist in many forms and that the lessee often maintains the right to use the leased equipment or property subject to various restrictions. Therefore,-it is entirely conceivable t…

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