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APOGEE RETAIL, NY, LLC D/B/A UNIQUE THRIFT STORE

02-CA-133989 (N.L.R.B. Jul. 30, 2015)
APOGEE RETAIL, NY, LLC D/B/A UNIQUE THRIFT STORE

7 Cited authorities

  1. Labor Board v. American Ins. Co.

    343 U.S. 395 (1952)   Cited 269 times
    Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

  2. Orders v. Stotts

    459 U.S. 969 (1982)   Cited 66 times

    No. 82-204. November 1, 1982. C.A. 6th Cir. Certiorari denied. Reported below: 679 F. 2d 579.

  3. N.L.R.B. v. Pacific Grinding Wheel Co., Inc.

    572 F.2d 1343 (9th Cir. 1978)   Cited 45 times
    In Pacific Grinding Wheel, the court recognized that "Board disapproval of proposed terms," "a company's adamant insistence on strong pro-management terms," and "rejection by the employer of terms which were in a previous contract" are not sufficient in themselves to establish bad faith, but are factors which may be considered by the Board with other evidence, and that the "totality of the circumstances may justify a finding of failure to bargain in good faith."

  4. N.L.R.B. v. Herman Sausage Co

    275 F.2d 229 (5th Cir. 1960)   Cited 79 times
    In NLRB v. Herman Sausage Co., 275 F.2d 229 (5th Cir. 1960), our circuit held that "generally speaking, the freedom to grant a unilateral wage increase "is limited to cases where there has been a bona fide but unsuccessful attempt to reach an agreement with the union, or where the union bears the guilt for having broken off relations.' NLRB v. Andrew Jergens Co., 9 Cir., 1949, 175 F.2d 130, 136, cert. denied, 338 U.S. 827, 70 S.Ct. 76, 94 L.Ed. 503.

  5. Radisson Plaza Minneapolis v. N.L.R.B

    987 F.2d 1376 (8th Cir. 1993)   Cited 13 times
    Characterizing a proposal as made in bad faith because it "would have permitted [the employer] to unilaterally change working conditions whenever it pleased"

  6. N.L.R.B. v. Hospitality Motor Inn, Inc.

    667 F.2d 562 (6th Cir. 1982)   Cited 3 times

    Nos. 80-1583, 81-1195. January 5, 1982. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., James Callear, Washington, D.C., for N.L.R.B. Asa Ambrister, Gardner, Ambrister Smith, Nashville, Tenn., George Gardner, Washington, D.C., for respondent. Petition from the National Labor Relations Board. Before WEICK and JONES, Circuit Judges, and SILER, District Judge. The Honorable Eugene E. Siler, Jr., United States District Judge for the Eastern and Western Districts of Kentucky, sitting by designation

  7. Nat'l Labor Relations Bd. v. Reed Prince MFG

    118 F.2d 874 (1st Cir. 1941)   Cited 40 times
    In National Labor Relations Board v. Reed Prince Mfg. Co., 1 Cir., 118 F.2d 874, certiorari denied 313 U.S. 595, 61 S.Ct. 1119, 85 L.Ed. 1549, it was held that an employer's insistence on a provision in a contract with a bargaining agent, that during the period of the contract or at any future time the employees and the union would not request or demand a closed shop agreement or check-off system, warranted the National Labor Relations Board in inferring that the employer was not actuated by a genuine desire to reach an accord with the bargaining representative.