Aero-Motive Manufacturing Co.

11 Cited authorities

Labor Board v. Brown
380 U.S. 278 (1965) Cited 473 times 2 Legal Analyses
Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 323 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 359 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
Labor Board v. News Syndicate Co.
365 U.S. 695 (1961) Cited 22 times
In NLRB v. News Syndicate Co., 365 U.S. 695, 81 S.Ct. 849, 6 L.Ed.2d 29 (1961), where the bargaining unit included supervisors, the NLRB had found that both the employer and the union had committed unfair labor practices by operating an unlawful closed shop and preferential hiring system.
Seattle First National Bank v. N.L.R.B
444 F.2d 30 (9th Cir. 1971) Cited 26 times
In Seattle First National Bank, for example, the Ninth Circuit specifically noted (pointing to our opinion in W.W. Cross Co., supra) that group insurance plans involve issues traditionally considered "vital" to employees, as opposed to bank services, the putative benefit at issue in that case.
N.L.R.B. v. Wonder State Manufacturing Company
344 F.2d 210 (8th Cir. 1965) Cited 28 times
Finding award of one week's pay to be a gift and not subject to mandatory bargaining
Beacon Journal Publishing Co. v. N.L.R.B
401 F.2d 366 (6th Cir. 1968) Cited 19 times
In Beacon the appellant had for 20 years paid a Christmas bonus equal to two weeks' salary at each employee's then existing salary scale.
Nat'l Labor Relations Bd. v. Illinois Tool Works
153 F.2d 811 (7th Cir. 1946) Cited 47 times
Noting that the test for violations of sec. 8, now codified as sec. 8, of the NLRA is whether "the employer engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of employee rights under the Act," and that actual or successful coercion need not be shown in order for the Board to find a violation
Hawaii Meat Company v. N.L.R.B
321 F.2d 397 (9th Cir. 1963) Cited 13 times
Recognizing a union incentive to delay bargaining over a subcontract to replace strikers makes a bargaining requirement inappropriate

Aero-Motive Manufacturing Co.

11 Cited authorities

Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

In NLRB v. News Syndicate Co., 365 U.S. 695, 81 S.Ct. 849, 6 L.Ed.2d 29 (1961), where the bargaining unit included supervisors, the NLRB had found that both the employer and the union had committed unfair labor practices by operating an unlawful closed shop and preferential hiring system.

In Seattle First National Bank, for example, the Ninth Circuit specifically noted (pointing to our opinion in W.W. Cross Co., supra) that group insurance plans involve issues traditionally considered "vital" to employees, as opposed to bank services, the putative benefit at issue in that case.

Finding award of one week's pay to be a gift and not subject to mandatory bargaining

In Beacon the appellant had for 20 years paid a Christmas bonus equal to two weeks' salary at each employee's then existing salary scale.

Recognizing a union incentive to delay bargaining over a subcontract to replace strikers makes a bargaining requirement inappropriate