375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
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 United Steelworkers, the Court warned that the NLRA "does not command that labor organizations as a matter of abstract law, under all circumstances, be protected in the use of every possible means of reaching the minds of individual workers, nor that they are entitled to use a medium of communication simply because the employer is using it."
No. 271. November 22, 1954. Facts and opinion, D.C., 103 F. Supp. 319, 13 Alaska 582; 211 F.2d 83, 14 Alaska 568. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Denied.
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".
Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct
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'."
29 U.S.C. § 141 Cited 2,060 times 6 Legal Analyses
Stating Congress' declaration of purpose that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations with each other"