Brown Specialty Co.

16 Cited authorities

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".
N.L.R.B. v. S.S. Logan Packing Company
386 F.2d 562 (4th Cir. 1967) Cited 52 times
In NLRB v. Logan Packing Co., 4 Cir., 386 F.2d 562, decided this day, we have considered at some length the serious unreliability of signed authorization cards as an indication of the wishes of a majority of the employees.
Jas. H. Matthews Co. v. N.L.R.B
354 F.2d 432 (8th Cir. 1966) Cited 54 times
In James H. Matthews Co., supra, the employee in question signed an authorization card. Later the union received a letter, postmarked 11 days after the effective date for determining majority status of the union, requesting return of the employee's authorization card. Allegedly, the letter was neither written, dated, nor addressed by the employee and was originally left with an undisclosed person.
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'."
N.L.R.B. v. Sinclair Company
397 F.2d 157 (1st Cir. 1968) Cited 28 times
In NLRB v. Sinclair Co., 397 F.2d 157, 161 (1st Cir. 1968), one of the three consolidated cases disposed of in the Gissel opinion, the Court of Appeals said, "Whether an employer has used language that is coercive in its effect is a question essentially for the specialized experience of the Board."
N.L.R.B. v. Johnnie's Poultry Co.
344 F.2d 617 (8th Cir. 1965) Cited 32 times 11 Legal Analyses
In N.L.R.B. v. Johnnie's Poultry Co., 8 Cir., 344 F.2d 617, we recognized that an employer has no vested right to insist that union representation be established by a Board conducted election but we further held that an employer acting in good faith belief that a union lacked majority representation was not required to recognize and bargain with the union until such doubt was resolved.
N.L.R.B. v. Superior Sales, Inc.
366 F.2d 229 (8th Cir. 1966) Cited 29 times
In N.L.R.B. v. Superior Sales, Inc., 366 F.2d 229 (8th Cir. 1966), this court laid down a number of guidelines to be considered in determining in a case like this whether the discharge of the employee in question was discriminatory and amounted to an unfair labor practice.
N.L.R.B. v. Southbridge Sheet Metal Works
380 F.2d 851 (1st Cir. 1967) Cited 16 times
In NLRB v. Southbridge Sheet Metal Works, Inc., 380 F.2d 851 (1st Cir. 1967), the First Circuit considered this precise question.
N.L.R.B. v. Gissel Packing Company
398 F.2d 336 (4th Cir. 1968) Cited 14 times
In N.L.R.B. v. Gissel Packing Company, Inc., 398 F.2d 336 (C.A.4), the court held that authorization cards are such unreliable indicators of the desires of the employees that an employer confronted with a demand for recognition based solely upon them is justified in withholding recognition pending the result of a certification election.
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,062 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Brown Specialty Co.

16 Cited authorities

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 NLRB v. Logan Packing Co., 4 Cir., 386 F.2d 562, decided this day, we have considered at some length the serious unreliability of signed authorization cards as an indication of the wishes of a majority of the employees.

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'."

In NLRB v. Sinclair Co., 397 F.2d 157, 161 (1st Cir. 1968), one of the three consolidated cases disposed of in the Gissel opinion, the Court of Appeals said, "Whether an employer has used language that is coercive in its effect is a question essentially for the specialized experience of the Board."

In N.L.R.B. v. Superior Sales, Inc., 366 F.2d 229 (8th Cir. 1966), this court laid down a number of guidelines to be considered in determining in a case like this whether the discharge of the employee in question was discriminatory and amounted to an unfair labor practice.

In NLRB v. Southbridge Sheet Metal Works, Inc., 380 F.2d 851 (1st Cir. 1967), the First Circuit considered this precise question.

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB