American Lumber Sales, Inc.

10 Cited authorities

I.A. of M. v. Labor Board
311 U.S. 72 (1940) Cited 317 times
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."
N.L.R.B. v. Dayton Motels, Inc.
474 F.2d 328 (6th Cir. 1973) Cited 23 times
In NLRB v. Dayton Motels, Inc., 474 F.2d 328 (6th Cir. 1973), the employer sought to defend refusal to bargain charges by showing that union authorization cards, obtained more than six months previously, were procured fraudulently.
N.L.R.B. v. Apico Inns of California, Inc.
512 F.2d 1171 (9th Cir. 1975) Cited 14 times
In Apico, the employee denied reinstatement had forced another employee to quit due to his sexual advances, had been drunk on the job, had made profane and derogatory remarks about management in the presence of customers, and had solicited a fellow employee to engage in prostitution.
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
Nat'l Labor Relations Bd. v. Des Moines Foods, Inc.
296 F.2d 285 (8th Cir. 1961) Cited 20 times
No. 16694. November 29, 1961. Leo N. McGuire, Atty., National Labor Relations Board, Washington, D.C. made argument for petitioner. Stuart Rothman, Gen. Counsel, Washington, D.C., Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Samuel M. Singer, Atty., and Leo N. McGuire, Atty., NLRB, Washington, D.C. were on the brief. Hobart E. Newton, Stuart, Iowa, made argument for respondent, and was on the brief. Before SANBORN, MATTHES and RIDGE, Circuit Judges. SANBORN
Nat'l Labor Relations Bd. v. Isis Plumbing & Heating Co.
322 F.2d 913 (9th Cir. 1963) Cited 18 times
No. 18364. September 23, 1963. Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles and Paula Omansky, Attys., N.L.R.B., Washington, D.C., for petitioner. Hill, Farrer Burrill, Carl M. Gould and Stanley E. Tobin, Los Angeles, Cal., for respondent. Before HAMLEY, JERTBERG and DUNIWAY, Circuit Judges. JERTBERG, Circuit Judge. This case is before the court on the petition of the National Labor Relations Board (hereinafter
N.L.R.B. v. B. J. Provenzale Company, Inc.
512 F.2d 599 (6th Cir. 1975) Cited 2 times
In N.L.R.B. v. B.J. Provenzale Co., Inc., 512 F.2d 599 (6th Cir. 1975), we rejected the Board's finding of an 8(a)(1) and (3) violation, where the employer took favorable action toward employees prior to the allegedly discriminatory acts.
Singer Company v. N.L.R.B
480 F.2d 269 (10th Cir. 1973) Cited 2 times
No. 72-1800. June 22, 1973. Robert C. Poole, Albuquerque, N. M., for petitioner. Fredric Sagan, Washington, D.C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Acting Asst. Gen. Counsel, Washington, D.C., on the brief) for respondent. Petition for review from the National Labor Relations Board. Before PICKETT, HILL and DOYLE, United States Circuit Judges. HILL, Circuit Judge. The Singer Company (Singer), petitions this court
Nat'l Labor Relations Bd. v. Great Atlantic & Pacific Tea Co.
463 F.2d 184 (5th Cir. 1972) Cited 2 times
No. 72-1179. Summary Calendar. Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409. June 6, 1972. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., Charles M. Paschal, Jr., Director, Region 15, N.L.R.B., Harry L. Hopkins, New Orleans, La., Peter G. Nash, Gen. Counsel, Louis v. Baldovin, Jr., Atty., N.L.R.B., for petitioner. Andrew C. Partee, Jr., Kullman, Lang, Keenan, Inman Bee, New Orleans, La., for respondent
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

American Lumber Sales, Inc.

10 Cited authorities

In NLRB v. Dayton Motels, Inc., 474 F.2d 328 (6th Cir. 1973), the employer sought to defend refusal to bargain charges by showing that union authorization cards, obtained more than six months previously, were procured fraudulently.

In Apico, the employee denied reinstatement had forced another employee to quit due to his sexual advances, had been drunk on the job, had made profane and derogatory remarks about management in the presence of customers, and had solicited a fellow employee to engage in prostitution.

In N.L.R.B. v. B.J. Provenzale Co., Inc., 512 F.2d 599 (6th Cir. 1975), we rejected the Board's finding of an 8(a)(1) and (3) violation, where the employer took favorable action toward employees prior to the allegedly discriminatory acts.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"