In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.
In National Labor Relations Bd. v. Business Mach. etc., CIO (228 F.2d 553) the Circuit Court of Appeals for this circuit declared (p. 559) that "The only thing proscribed by ยง 8(b)(4) is inducement or encouragement of the employees of the customers".
In Haislip Baking, an action based on 29 U.S.C. ยง 185(b), it is true the court stated that "[t]he verdict on the first trial was so excessive and so manifestly based on improper consideration, instead of upon the record, that it should have been set aside in its entirety and a complete new trial ordered," but the court then proceeded to direct entry of judgment for the defendant instead of remanding for a new trial.
In Labor Board v. Jacobs Mfg. Co., 196 F.2d 680, the Second Circuit upheld a Board finding of bad-faith bargaining based on an employer's refusal to supply financial information under circumstances similar to those here. Because of the conflict and the importance of the question we granted certiorari. 350 U.S. 922.
In International Brotherhood of Teamsters v. W.L. Mead, Inc., 1 Cir., 230 F.2d 576, and United Construction Workers v. Haislip Baking Co., 4 Cir., 223 F.2d 872, there are expressions which support the Board's preference.
75 F. Supp. 672 (S.D.N.Y. 1948) Cited 51 times 1 Legal Analyses
In Douds v. Metropolitan Federation of Architects, etc., 75 F. Supp. 672 (S.D.N.Y. 1948), the court laid heavy emphasis on the economic effect of the work performed by the ally's employees.
In N.L.R.B. v. Pecheur Lozenge Co., 2 Cir., 209 F.2d 393, 403, 404, it was held an unfair labor practice to insist that a strike be called off as a condition of bargaining.