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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Page 1 of about 13,608 results (0.055 seconds)

Nov 22 1943 (FN)

Switchmen's Union Vs. National Mediation Board

Court : US Supreme Court

..... provided that "employees shall have the right to organize and bargain collectively through representatives" chosen by the majority of each "craft or class." the special competence of the national mediation board lies in the field of labor relations, rather than in that of statutory construction. of course, the judiciary does not make the administrative determination. "the functions of ..... dissenting. this is an action by the petitioners, the switchmen's union of north america (hereinafter referred to as the switchmen) and some of its members against the national mediation board, its members, the brotherhood of railroad trainmen (hereafter referred to as the brotherhood), and the new york central railroad company and the michigan central railroad company, carrier ..... machinery more freely in the settlement of disputes. but large areas of the field still remain in the realm of conciliation, mediation, and arbitration. on only a few phases of this controversial subject has congress utilized administrative or judicial machinery and invoked the compulsions of the law. we need not ..... has been quite recent. until the 1926 act, the legal sanctions of the various acts had been few. the emphasis of the legislation had been on conciliation and mediation; the sanctions were publicity and public opinion. since 1926, there has been an increasing number of legally enforceable commands incorporated into the act. and congress has utilized administrative .....

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Mar 29 1937 (FN)

Virginian Railway Co. Vs. Railway Employees

Court : US Supreme Court

..... during the last two years when widespread strikes, the usual accompaniment of business recovery, prevailed throughout the country, is to be explained primarily not by the mediation machinery of the railway labor act, but by the existence of these collective labor contracts. for, while they are in existence, these contracts provide orderly, legal ..... association by individual mechanical department employes by circulating or causing to be circulated applications for membership in said independent shop crafts association notwithstanding the certification as aforesaid by the national mediation board of said system federation no. 40, railway employes department of the american federation of labor, as the authorized representative of its mechanical department employes, . . ..... 300 u. s. 540 prevent its employees from exercising their right to choose their own representative; that for that purpose, following the certification, by the national mediation board, of the federation, as the duly authorized representative of petitioner's mechanical department employees, petitioner had organized the independent shop craft association of its shop craft ..... pay, rules, or working conditions on the railroads, by the promotion of collective bargaining between the carrier and the authorized representative of its employees, and by mediation and arbitration when such bargaining does not result in agreement. to facilitate agreement, it gives to employees the right to organize and bargain collectively through a .....

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Nov 22 1943 (FN)

General Committee Vs. Missour-kansas-texas R. Co.

Court : US Supreme Court

..... . it was superseded in 1898 by the erdman act, 30 stat. 424, which provided machinery for arbitration and also introduced for the first time the policy of mediation. the mediators were the chairman of the interstate commerce commission and the united states commissioner of labor. next came the newlands act of 1913, 38 stat. 103, which established ..... alderman, the history of federal legislation dealing with machinery for settling disputes concerning wages and working conditions of employees of interstate railroads (1938); the railway labor act and the national mediation board (1940), pp. 7, 8, 67-76; fisher, industrial disputes (1940), pp. 154-186; johnson, government regulation of transportation (1938), pp. 190-206; parmelee, the modern railway ..... fail, there is the emergency board which may be established by the president under 10. in short, congress, by this legislation, has freely employed the traditional instruments of mediation, conciliation, and arbitration. those instruments, in addition to the available economic weapons, remain unchanged in large areas of this railway labor field. on only certain phases of this ..... arose relative to the calling of men for emergency service as engineers. efforts to settle the dispute having failed, the matter was submitted to the national mediation board, and a mediation agreement between the firemen and the carriers resulted. the engineers then brought an action in the federal district court for a declaratory judgment that the agreement was .....

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Mar 04 1963 (FN)

Locomotive Engineers Vs. Baltimore and O. R. Co.

Court : US Supreme Court

..... of the national mediation board and for national bargaining conferences between the parties immediately following the report of the commission. finally, it provided that the agreement was not to be construed as a ..... supra. the 1960 agreement establishing the presidential commission was "approved" by secretary of labor mitchell. it provided that the parties accepted its proceedings ". . . as in lieu of the mediation and emergency board procedures provided by section[s] 5 and 10 of the railway labor act." in addition, the agreement somewhat inconsistently made provision for the invocation of the services ..... provision could effectively forestall either party from resorting to the procedures of 5 of the act is a question which we need not decide, because the services of the national mediation board were in fact specifically invoked by the organizations, and the board's procedures were exhausted. similarly, although arbitration page 372 u. s. 291 pursuant to 7 [ footnote 5 ..... and the carriers under the auspices of the chairman of that board, but no agreement was reached. the organizations having refused to submit the dispute to arbitration, the national mediation board, on july 16, terminated its services under the provisions of the railway labor act. on the following day, the carriers served notice on the organizations that, as of .....

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Dec 09 1969 (FN)

Shore Line R. Co. Vs. Transportation Union

Court : US Supreme Court

..... is rejected and the dispute threatens" "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the mediation board shall notify the president," "who may create an emergency board to investigate and report on the dispute. 10. while the dispute is working its way through these ..... assignments at all. the parties were again unable to negotiate a settlement themselves, and, on june 17, 1966, the union invoked the services of the national mediation board. while the mediation board proceedings were pending, the railroad posted a bulletin definitely creating the disputed work assignments at trenton effective september 26, 1966. faced with this unilateral change in ..... . . . by the mediation board," forbids such unilateral action by the carrier. the district court dismissed the railroad's complaint, but granted the union's request for an injunction restraining the railroad from establishing ..... a strike, and the union counterclaimed for an injunction prohibiting the establishment of the outlying assignments on the ground that 6, which provides that, "where . . . the services of the mediation board have been requested by either party . . . , rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon .....

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Jun 01 1971 (FN)

Chicago and N.W. R. Co. Vs. Transportation Union

Court : US Supreme Court

..... pressures. moreover, the court provides absolutely no guidance as to where in the bargaining scheme the parties are to be remanded. does the court send them back to the mediation board which has already terminated jurisdiction finding the parties to have reached impasse? should the court remand to some other phase of the proceedings? if so, where? more important ..... parties themselves, which congress enacted in 1926 as-the railway labor act, 44 stat. 577, was a unique blend of moral and legal duties looking toward settlement through conciliation, mediation, voluntary arbitration, presidential intervention, and finally, in case of ultimate failure of the statutory machinery, resort to traditional self-help measures. the cooperation involved was unparalleled in this ..... ). in light of these considerations, we think the conclusion inescapable that congress intended the enforcement of 2 first to be overseen by appropriate judicial means, rather than by the mediation board's retaining jurisdiction over the dispute or prematurely releasing the parties for resort to self-help if it feels such action called for. [ footnote 14 ] iv we ..... connection with the duty to "exert every reasonable effort" under the railway labor act. in that case, the railroad refused to recognize a union certified by the national mediation board as the duly authorized representative of its shop workers, and instead sought to coerce these employees to join a company union. the employees sought and obtained an injunction .....

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Jun 11 1945 (FN)

Elgin, Joliet and Eastern Railway Co. Vs. Burley

Court : US Supreme Court

..... these were certainly not expected to be solved by ill-adapted judicial interferences, escape from which was indeed one of the driving motives in establishing specialized machinery of mediation and arbitration. government intervention of any kind was contemplated only as a last resort for the avoidance of calamitous strikes. the landmarks in this history, tersely ..... assigned was that the machinery provided for settling disputes was not "based on a philosophy of legal compulsion," but created "a system for peaceful adjustment and mediation voluntary in its nature." the problem presented was whether the adjustment board procedure either was exclusive or was an essential preliminary to judicial proceedings within the doctrine ..... the parties agree to arbitration, this exclusive authority includes representation of the employees not only in the stage of conference, but also in the later ones of mediation, arbitration, and conciliation. whether or not the agent's exclusive power extends also to the settlement of grievances in conference or in proceedings before the board presents ..... u. s. 50 , and finally to possible presidential intervention to secure adjustment. 10. for their settlement, the statutory scheme retains throughout the traditional voluntary processes of negotiation, mediation, voluntary arbitration, and conciliation. every facility for bringing about agreement is provided, and pressures for mobilizing public opinion are applied. the parties are required to submit to the .....

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May 08 1950 (FN)

Automobile Workers Vs. O'Brien

Court : US Supreme Court

..... become effective." "2. upon receipt of such notice, it shall be the duty of the board to exercise the powers herein granted to effect a settlement of such dispute by mediation between the parties. prior to the calling of an election as provided hereinafter, it shall be the duty of each of the parties to such dispute to actively and in ..... it conflicts with the federal act. the michigan law calls for a notice given "[i]n the event the parties . . . are unable to settle any dispute" to be followed by mediation, and, if that is unsuccessful, by a strike vote within twenty days, with a majority required to authorize a strike. under the federal legislation, the prescribed strike notice can be ..... 1947 act. it established certain prerequisites, with which appellants complied, for any strike over contract termination or modification. 8(d). these include notices to both state and federal [ footnote 4 ] mediation authorities; both did participate in the negotiations in this case. in provisions which did not affect appellants, congress forbade strikes for certain objectives and detailed procedures for strikes which might ..... . 339 u. s. 459 . page 339 u. s. 455 mr. chief justice vinson delivered the opinion of the court. the constitutionality of the strike vote provision of the michigan labor mediation law [ footnote 1 ] is before us in this case. appellants struck against chrysler corporation in may, 1948, without conforming to the prescribed state procedure. the strike was called to enforce .....

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Apr 28 1965 (FN)

Railway Clerks Vs. Employees Ass'n

Court : US Supreme Court

..... organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier. . . . in such an investigation, the mediation board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized ..... the carrier shall treat with the representative so certified as the representative of the craft or class for the purposes of this chapter. in such an investigation, the mediation board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and ..... that it did so in a manner satisfying any possible constitutional requirements that might exist. its determination, therefore, is not subject to judicial review. switchmen's union v. national mediation board, supra. as was pointed out there, the "highly selective manner in which congress has provided for judicial review of administrative orders or determinations under the act," id. at ..... u.s. 650 certiorari to the united states court of appeals for the district of columbia circuit syllabus the brotherhood of railway and steamship clerks (brotherhood) filed with the national mediation board (board) an application under 2, ninth of the railway labor act, which, as later amended, requested investigation of a representation dispute among the "clerical, office, stores, .....

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Jan 17 1944 (FN)

Trainmen Vs. Toledo, P. and W. R. Co.

Court : US Supreme Court

..... been unsuccessful to have its case presented to a body of that character." (emphasis added.) [ footnote 23 ] cf. note 10 supra; note 24 infra. [ footnote 24 ] when the mediation board terminated its services, respondent first suggested submission to "some impartial factfinding commission," but for advisory action only. later it repeatedly urged appointment of an emergency board under section 10 ..... presumption that this governmental agency would be fair, just, and impartial in the conduct of the arbitration, and, with the experience which the respondent had had in the mediation, it could not be charged with bad faith in refusing to sign an arbitration agreement, where the arbitration proceedings were to be conducted under the same atmosphere." "respondent ..... . though it differed in substantial respects from the railway labor act of 1934, now in effect (48 stat. 1185), it contained provisions for the three procedures of negotiation, mediation, and arbitration which, for present purposes, were identical with or substantially similar to those of the later statute. the 1934 changes related principally to the machinery for making the ..... meaning, in effect, "one of the following reasonable efforts." a similar distortion is its apparent view that the phrase "with the aid of any available governmental machinery" qualifies only "mediation," and not "voluntary arbitration." cf. the further discussion in the text, infra at note 20 and if the section uses "or" only in the disjunctive, it would be .....

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