396 U.S. 258 (1969) Cited 184 times 1 Legal Analyses
Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."
In Knuth v. Erie-Crawford Dairy Coop. Association, 395 F.2d 420 (3d Cir. 1968), cert. denied, 410 U.S. 913, 93 S.Ct. 966, 35 L.Ed.2d 278 (1973), the district court dismissed a federal antitrust count and a pendent state unfair competition claim.
In Ladies' Garment Workers, the Second Circuit stated that "no genuine bargaining... can be conducted where the decision has already been made and implemented."
In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
Holding that NLRB acts in public capacity and “[t]he fact that these proceedings operate to confer an incidental benefit on private persons does not detract from this public purpose”
In Arrow, the company's actions, "however they might be labeled, were not a subject of mandatory bargaining when examined in light of the analysis set forth by the Supreme Court."
Distinguishing Fibreboard and Ozark Trailers, the court holds that the decision of a parent company to close its subsidiary involved a major shift in investment capital, hence the decision to close not a mandatory bargaining subject under Fibreboard