Ben Duthler, Inc.

15 Cited authorities

Garment Workers v. Labor Board
366 U.S. 731 (1961) Cited 213 times 4 Legal Analyses
Holding that a union cannot represent a group of employees for which it does not enjoy majority support
Franks Bros. Co. v. Labor Board
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
Joy Silk Mills v. National Labor Rel. Board
185 F.2d 732 (D.C. Cir. 1950) Cited 162 times 2 Legal Analyses
In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
Bourne v. N.L.R.B
332 F.2d 47 (2d Cir. 1964) Cited 93 times 1 Legal Analyses
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
N.L.R.B. v. Winn-Dixie Stores, Inc.
341 F.2d 750 (6th Cir. 1965) Cited 62 times
In N.L.R.B. v. Winn-Dixie Stores, Inc., 341 F.2d 750 (6 Cir. 1965), the court granted enforcement of the Board's order finding the requests for copies of statements to be a violation of Section 8(a)(1).
Irving Air Chute Company v. N.L.R.B
350 F.2d 176 (2d Cir. 1965) Cited 49 times
In Irving Air Chute Co. v. N.L.R.B., 2 Cir., 350 F.2d 176, 182, the Court in allowing enforcement of the Board's order cited many cases for the proposition, "`It is for the Board not the courts to determine how the effect of prior unfair labor practices may be expunged'."
Colson Corporation v. N.L.R.B
347 F.2d 128 (8th Cir. 1965) Cited 35 times
Finding that a repudiation three weeks after unlawful conduct was inadequate
N.L.R.B. v. Elliott-Williams Co.
345 F.2d 460 (7th Cir. 1965) Cited 33 times
Striking down as overbroad a portion of an order that enjoined an employer from "in any other manner" interfering with its employees' organizational and bargaining rights
N.L.R.B. v. Philamon Laboratories, Inc.
298 F.2d 176 (2d Cir. 1962) Cited 32 times
No. 122, Docket 27028. Argued December 6, 1961. Decided January 17, 1962. William J. Avrutis, Attorney, National Labor Relations Board (Stuart Rothman, General Counsel, Dominick L. Manoli, Asso. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Samuel M. Singer, Attorney, National Labor Relations Board, on the brief), for petitioner. Sanford H. Markham, New York City, for respondent. Before MEDINA, SMITH and MARSHALL, Circuit Judges. MARSHALL, Circuit Judge. The National Labor Relations
Nat'l Labor Relations Bd. v. Great Atlantic & Pacific Tea Co.
346 F.2d 936 (5th Cir. 1965) Cited 17 times
In N.L.R.B. v. Great Atlantic Pacific Tea Co., 346 F.2d 936, 939 (5th Cir. 1965), the court stated, "When the General Counsel charges that an employer has committed an unfair labor practice, he must produce substantial evidence from which it may be inferred that a violation of the Act took place.

Ben Duthler, Inc.

15 Cited authorities

Holding that a union cannot represent a group of employees for which it does not enjoy majority support

Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

In N.L.R.B. v. Winn-Dixie Stores, Inc., 341 F.2d 750 (6 Cir. 1965), the court granted enforcement of the Board's order finding the requests for copies of statements to be a violation of Section 8(a)(1).

In Irving Air Chute Co. v. N.L.R.B., 2 Cir., 350 F.2d 176, 182, the Court in allowing enforcement of the Board's order cited many cases for the proposition, "`It is for the Board not the courts to determine how the effect of prior unfair labor practices may be expunged'."

Finding that a repudiation three weeks after unlawful conduct was inadequate

Striking down as overbroad a portion of an order that enjoined an employer from "in any other manner" interfering with its employees' organizational and bargaining rights

In N.L.R.B. v. Great Atlantic Pacific Tea Co., 346 F.2d 936, 939 (5th Cir. 1965), the court stated, "When the General Counsel charges that an employer has committed an unfair labor practice, he must produce substantial evidence from which it may be inferred that a violation of the Act took place.