Legal Opinion

National Labor Relations Board v. A. Duie Pyle, Inc.

Court of Appeals for the Third Circuit

Decided March 22, 1984No. 83-3139PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this enforcement proceeding, the National Labor Relations Board contends that an employee should be reinstated even though he made arson threats during a strike. Because the Board used a standard we had previously rejected, we will not enforce that reinstatement decision. In another instance, the Board concluded that the use of a knife during a picket line scuffle would have been justified as self defense. Because this premise conflicts with state criminal law under the facts here, we will not enforce the Board’s order of reinstatement.

An AD found…

2Cases cited28 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
  4. International Union, United Automobile, Aircraft & Agricultural Implement Workers v. RussellSupreme Court of the United States · 1958
  5. Woelke & Romero Framing, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1982

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3Cited by11 opinions

  1. Bakers Union Factory, 326 v. ITT Continental Baking Co.Court of Appeals for the Sixth Circuit · 1984
  2. National Labor Relations Board v. Yellow Freight Systems, Inc.Court of Appeals for the Third Circuit · 1991
  3. The Nielsen Lithographing Company v. National Labor Relations Board, Graphic Communications International Union, Local 508 O-K-I, Afl-Cio, InterveningCourt of Appeals for the Seventh Circuit · 1988
  4. National Labor Relations Board v. Wolff & Munier, Inc.Court of Appeals for the Third Circuit · 1984
  5. Sheet Metal Workers International Ass'n Local Union No. 27 v. E.P. Donnelly, Inc.District Court, D. New Jersey · 2009

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