369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
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.
Holding Stevens in civil contempt for violating a court order that it bargain in good faith with its employees as required by the National Labor Relations Act
In NLRB v. Royal Plating Polishing Co., Inc., 350 F.2d 191, 196 (3d Cir. 1965), the court characterized a company's decision to close a plant when "faced with the economic necessity of either moving or consolidating the operations of a failing business" as a "management decision which [is] fundamental to the basic direction of a corporate enterprise" and which lies "at the core of entrepreneurial control.
In Continental Insurance Co. v. NLRB, 495 F.2d 44 (2d Cir. 1974), a finding of bad faith was predicated in part on (1) the company's refusal to recognize the union as the sole and exclusive bargaining representative unless the union agreed not to organize or represent other company employees, (2) the company's insistence that arbitrators of grievances be picked exclusively by the company and (3) wage, vacation and severance pay proposals substantially less generous than the benefits provided to employees before the union was certified.
In Winn-Dixie, 567 F.2d at 1349, the employer bargained to impasse with the Union over a proposed wage increase of 5.5%, but implemented wage increases ranging from 4.11% to 6.23%.