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Operating Engineers Vs. Jones

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  • US Supreme Court
  • Apr 04, 1983

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69 entries 3 linked 66 unlinked
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  1. San Diego Building Trades Council Vs. Garmon US Supreme Court · Mar 25, 1957
  2. Farmer Vs. Carpenters US Supreme Court · Mar 07, 1977
  3. iron Workers Vs. Perko US Supreme Court · Jun 03, 1963
  4. U.S. 669 (1983) U.S. Supreme Court Operating Engineers v. Jones
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  5. U.S. 669 (1983) Local 926, International Union of Operating Engineers, AFL-CIO v. Jones
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  6. b)(1)(B). Cf. Iron Workers v. Perko
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  7. b)(1)(B) unfair labor practice charge were not sufficiently alike, Sears Roebuck & Co. v. Carpenters
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  8. S.E.2d 30 (1981). Following Georgia precedent it considered to be controlling, Sheet Metal Workers International Assn. v. Carter
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  9. Ga.App. 872, 212 S.E.2d 645 (1975), and International Brotherhood of Electrical Workers v. Briscoe
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  10. of the NLRA, thus purporting to distinguish Iron Workers v. Perko
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  11. U. S. 676 NLRA to govern labor-management relations affecting interstate commerce. E.g., Sears, Roebuck & Co. v. Carpenters
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  12. Linn v. Plant
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  13. Not only is this case a variant of a familiar theme, but we have heard this same tune before. In Iron Workers v. Perko
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  14. b)(1)(B), Florida Power & Light Co. v. Electrical
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  15. or expected to deal with grievances arising under the collective bargaining agreement, American Broadcasting Cos. v. Writers
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  16. from the federal unfair labor practice claim as were the causes of action this Court found not preempted in Linn v. Plant
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  17. and Sears, Roebuck & Co. v. Carpenters
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  18. of only peripheral concern to the federal labor policy. Our decisions in Perko and its companion case, Plumbers v. Borden
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  19. employees' strikes over changes in even low level supervisory personnel are not protected. See Henning Cheadle, Inc. v. NLRB
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  20. American Art Clay Co. v. NLRB
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  21. Dobbs Houses, Inc. v. NLRB
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  22. On the other hand, courts have found protected the writing of letters expressing opposition, NLRB v. Phoenix
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  23. F.2d 983 (7th Cir.) cert. denied, 335 U.S. 845 . . . (1948), or the simple voicing of complaints, NLRB v. Guernsey-Muskingum
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  24. Abilities and Goodwill, Inc. v. NLRB
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  25. had gone forward before the Board. But such a claim was squarely rejected in San Diego Building Trades Council v. Garmon
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  26. that Congress intended the conduct to be unregulated and left to the free play of economic forces. See Machinists v. Wisconsin
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  27. Teamsters v. Morton
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  28. bargaining authority. The Court of Appeals for the Second Circuit has disagreed with the Board in this respect. NLRB v. Rochester
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  29. on the other hand, has not entirely rejected the Board's position. Newspaper Guild, Erie Newspaper Guild, Local 187 v. NLRB
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  30. In Linn v. Plant
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  31. concern to the national labor policy, and was a matter deeply rooted in state law. For similar reasons, in Farmer v. Carpenters
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  32. more importantly, I cannot accept the Court's analysis of our recent decision in Sears, Roebuck & Co. v. Carpenters
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  33. by the Act, then the proper standard for preemption analysis is found in Sears, Roebuck & Co. v. Carpenters
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  34. controversy standard. Likewise, Farmer v. Carpenters
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  35. supports no such definition of identical. Sears illustrated the standard by reference to our decisions in Farmer v. Carpenters
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  36. controversies, and Garner v. Teamsters
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  37. See Sears, Roebuck & Co. v. Carpenters
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  38. of the Act, to join or refrain from joining concerted actions, see NLRB v. Boeing
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  39. whether Jones can show that the Union caused him to lose his job, see Sears, Roebuck & Co. v. Carpenters
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  40. Florida Power & Light Co. v. Electrical
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  41. The Court, while observing that the decision in Iron Workers v. Perko
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  42. This type of rigid interpretation of San Diego Building Trades Council v. Garmon
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  43. U. S. 236 (1959), does not survive our more recent decisions in Sears, Roebuck & Co. v. Carpenters
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  44. as deeply rooted in and important to local concerns as the claims involved in Farmer and Sears. In Farmer v. Carpenters
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  45. Wiley v. Georgia
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  46. Power Co., 134 Ga.App. 187, 190, 213 S.E.2d 550, 553 (1975), Southern R. Co. v. Chambers
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  47. In contrast, Garner v. Teamsters
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  48. U.S. Supreme Court Operating Engineers v. Jones
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  49. International Union of Operating Engineers, AFL-CIO v. Jones
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  50. Cf. Iron Workers v. Perko
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