In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."
In National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc., 303 U.S. 261, 58 S.Ct. 571, 572, 82 L.Ed. 831, 115 A.L.R. 307, three related corporations were involved. The two respondents claimed that the third corporation was the `employer'.
314 U.S. 469 (1941) Cited 168 times 2 Legal Analyses
In NLRB v. Virginia Electric Power Co., 314 U.S. 469, 477, 62 S.Ct. 344, 348, 86 L.Ed. 348 (1941), the Supreme court concluded that the Wagner Act could not be interpreted to prohibit an employer from exercising his First Amendment right to express his views to employees on the merits of unionization, provided the expression was neither coercive nor part of a coercive course of conduct.
In N.L.R.B. v. Indiana Michigan Electric Co., 318 U.S. 9, at page 28, 63 S.Ct. 394, at page 405, 87 L.Ed. 579, the Supreme Court stated the general fundamental principles with respect to findings of fact by the Board, saying that the reviewing court is given discretion to see that before a party's rights are foreclosed his case has been fairly heard, and "Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed."