Legal Opinion

Hawaiian Dredging Construction Co. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided May 26, 2017No. 15-1039 Consolidated with 15-1424PublishedCited by 10 opinions

1Opinion of the Court

ROGERS, Circuit Judge:

Section 8(f) of the National Labor Relations Act, 29 U.S.C. § 158(f), allows employers, in the construction industry to enter into pre-hire agreements with unions without a showing that a majority of their employees support the union. M&M Backhoe Serv., Inc. v. NLRB, 469 F.3d 1047, 1048 (D.C. Cir. 2006); Nova Plumbing, Inc. v. NLRB, 330 F.3d 531, 534 (D.C. Cir. 2003). Absent the usual statutory obligation of the parties to maintain the status quo upon expiration of their collective bargaining agreement, until impasse or a new agreement is reached, the Board had to…

2Cases cited18 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  4. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  5. American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965

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3Cited by10 opinions

  1. Mozilla Corporation v. FCCCourt of Appeals for the D.C. Circuit · 2019
  2. Fred Meyer Stores, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2017
  3. Circus Circus Casinos, Inc. v. NLRBCourt of Appeals for the D.C. Circuit · 2020
  4. AdvancePierre Foods, Inc. v. NLRBCourt of Appeals for the D.C. Circuit · 2020
  5. David Saxe Prods., LLC v. Nat'l Labor Relations Bd.Court of Appeals for the D.C. Circuit · 2018

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