Legal Opinion

Long Island Head Start Child Development Services, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Court of Appeals for the Second Circuit

Decided August 9, 2006No. Docket 05-5723-ag(L), 05-6624-ag(XAP)PublishedCited by 12 opinions

1Opinion of the Court

DENNIS JACOBS, Circuit Judge.

The Collective Bargaining Agreement (“CBA”) governing labor relations between Long Island Head Start Child Development Services (“Head Start”) and the AFL-CIO’s Local 95 Chapter (“the Union”) contains an “evergreen clause,” under which the CBA automatically renews unless either Head Start or the Union conveys timely, written notice of a contrary intent. In a September 29, 2005 decision and order, the National Labor Relations Board (“NLRB”) — evaluating whether Head Start violated its duty to bargain — concluded that, based on its caselaw, Head Start’s CBA did not…

2Cases cited11 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  4. Good Samaritan Hospital v. ShalalaSupreme Court of the United States · 1993
  5. Ford Motor Co. (Chicago Stamping Plant) v. National Labor Relations BoardSupreme Court of the United States · 1979

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

3Cited by12 opinions

  1. Cibao Meat Products, Inc. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2008
  2. Service Employees International Union, Local 32BJ v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2011
  3. Local 917, International Brotherhood of Teamsters v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2009
  4. Salmon Run Shopping Center LLC v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2008
  5. Constellation Brands, U.S. Operations, Inc. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2016

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

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