Dana Corp.

17 Cited authorities

Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.
482 U.S. 27 (1987) Cited 369 times 12 Legal Analyses
Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors
Brooks v. Labor Board
348 U.S. 96 (1954) Cited 300 times
Holding that an employer has a duty to bargain in good faith for one year beginning on the date of certification of the bargaining representative by the Board
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"
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.
Linden Lumber Division, Summer & Co. v. Nat'l Labor Relations Bd.
419 U.S. 301 (1974) Cited 55 times 12 Legal Analyses
Recognizing "that while the election process has acknowledged superiority in ascertaining whether a union has majority support, [signed employee authorization] cards may adequately reflect employee sentiment"
Exxel/Atmos, Inc. v. Nat'l Labor Relations Bd.
28 F.3d 1243 (D.C. Cir. 1994) Cited 28 times 2 Legal Analyses
Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year
N.L.R.B. v. Lyon Ryan Ford, Inc.
647 F.2d 745 (7th Cir. 1981) Cited 38 times
In Lyon Ryan Ford, after looking through the union authorization cards, the employer and Union discussed details in the Union's proposed contract and the employer added up figures on his adding machine to determine how far apart the parties were on expected wages and benefits.
N.L.R.B. v. Frick Company
423 F.2d 1327 (3d Cir. 1970) Cited 42 times
In Frick itself, we upheld the Board policy of applying an irrebuttable presumption of continued majority status for a "reasonable period of time" to voluntarily recognized unions, and applying a rebuttable presumption thereafter. 423 F.2d at 1332.
Retail Clerks International Ass'n Local No. 455 v. Nat'l Labor Relations Bd.
510 F.2d 802 (D.C. Cir. 1975) Cited 31 times
Reversing NLRB and upholding an "additional stores" clause, despite the fact that it had not been changed or negotiated for ten years

Dana Corp.

17 Cited authorities

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

Holding that an employer has a duty to bargain in good faith for one year beginning on the date of certification of the bargaining representative by the Board

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

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.

Recognizing "that while the election process has acknowledged superiority in ascertaining whether a union has majority support, [signed employee authorization] cards may adequately reflect employee sentiment"

Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year

In Lyon Ryan Ford, after looking through the union authorization cards, the employer and Union discussed details in the Union's proposed contract and the employer added up figures on his adding machine to determine how far apart the parties were on expected wages and benefits.

In Frick itself, we upheld the Board policy of applying an irrebuttable presumption of continued majority status for a "reasonable period of time" to voluntarily recognized unions, and applying a rebuttable presumption thereafter. 423 F.2d at 1332.

Reversing NLRB and upholding an "additional stores" clause, despite the fact that it had not been changed or negotiated for ten years