Legal Opinion

K-Mart Corporation v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided August 29, 1980No. 79-7249PublishedCited by 16 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This case raises the issue: when does an employer cross the line separating tough negotiating from bad faith surface bargaining. Substantial evidence in this record supports the Board’s finding that the employer crossed the line and violated the National Labor Relations Act. We also agree with the finding that the employer refused to supply relevant information. The Board’s order will be enforced.

FACTS

K-Mart, a nationwide chain of retail stores, maintains distribution centers throughout the country. In October, 1976, the Board certified Truckdrivers and Helpers…

2Cases cited8 opinions

  1. National Labor Relations Board v. Acme Industrial Co.Supreme Court of the United States · 1967
  2. National Labor Relations Board v. Truitt Manufacturing Co.Supreme Court of the United States · 1956
  3. National Labor Relations Board v. Pacific Grinding Wheel Co., Inc., and International Chemical Workers Union, Local 614, Afl-Cio, IntervenorCourt of Appeals for the Ninth Circuit · 1978
  4. National Labor Relations Board v. Tomco Communications, Inc.Court of Appeals for the Ninth Circuit · 1978
  5. Emeryville Research Center, Shell Development Company, a Division of Shell Oil Co. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1971

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. National Labor Relations Board v. Cable Vision, Inc.Court of Appeals for the First Circuit · 1981
  2. National Labor Relations Board v. Mar-Len Cabinets, Inc.Court of Appeals for the Ninth Circuit · 1981
  3. Alaska Community Colleges' Federation of Teachers, Local No. 2404 v. University of AlaskaAlaska Supreme Court · 1983
  4. National Labor Relations Board v. Maywood Do-Nut Co., Inc.Court of Appeals for the Ninth Circuit · 1981
  5. Seattle-First National Bank v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1981

11 more not listed; retrieve them via the Exa API.

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