Legal Opinion
Teamsters Local Union No. 455 v. National Labor Relations Board
Court of Appeals for the Tenth Circuit
Decided August 27, 2014No. 12-9519PublishedCited by 6 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
What happens when company and union can’t come to terms? Sometimes the union might wish to strike, but sometimes not. What happens then — when the union prefers work to continue? Under Supreme Court precedent employers are often permitted to “lock out” the employees and hire temporary replacement workers until a collective bargaining agreement is reached. But what happens if the employer threatens to hire permanent replacements? Does this violate the law, even if the employer doesn’t carry through on the threat and quickly retreats from it? The National Labor Relations…
2Cases cited20 opinions
- Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
- Freytag v. CommissionerSupreme Court of the United States · 1991
- National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
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3Cited by6 opinions
- Kobach v. United States Election Assistance CommissionCourt of Appeals for the Tenth Circuit · 2014
- Advanced Disposal Services East, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 2016
- Gestamp South Carolina, L.L.C. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 2014
- National Labor Relations Board v. New Vista Nursing & RehabilitationCourt of Appeals for the Third Circuit · 2017
- Battat v. Comm'rUnited States Tax Court · 2017
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