Darlington Veneer Co., Inc.

15 Cited authorities

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"
May Stores Co. v. Labor Board
326 U.S. 376 (1945) Cited 257 times
Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"
Medo Photo Supply Corp. v. Nat'l Labor Relations Bd.
321 U.S. 678 (1944) Cited 269 times 1 Legal Analyses
Holding that offers of benefits to union supporters that induce them to leave the union violate § 8
H.J. Heinz Co. v. Labor Board
311 U.S. 514 (1941) Cited 241 times 1 Legal Analyses
In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.
Inland Steel Co. v. National Labor Rel. Board
170 F.2d 247 (7th Cir. 1949) Cited 156 times 2 Legal Analyses
Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"
Nat'l Labor Relations Bd. v. Dinion Coil Co.
201 F.2d 484 (2d Cir. 1952) Cited 96 times
Observing that "methods of evaluating the credibility of oral testimony do not lend themselves to formulations in terms of rules"
National Labor Relations Bd. v. Remington Rand
130 F.2d 919 (2d Cir. 1942) Cited 51 times
In N.L.R.B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e)(2), 28 U.S.C.A. — which provides that a Master's findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master appointed by a court of appeals.
Nat'l Labor Relations Bd. v. Niles-Bement-Pond
199 F.2d 713 (2d Cir. 1952) Cited 20 times
Upholding a Board finding that a Christmas bonus paid "over a substantial period of time and in amount . . . based on the respective wages earned by the recipients" were "wages"
National Lbr. R. Bd. v. George P. Pilling Son
119 F.2d 32 (3d Cir. 1941) Cited 26 times
In National Labor Relations Board v. George P. Pilling Son Co. (119 F.2d 32) the court said, at page 37: "there must be common willingness among the parties to discuss freely and fully their respective claims and demands and, when these are opposed, to justify them on reason.
National Labor Rel. Board v. Dalton Tel. Co.
187 F.2d 811 (5th Cir. 1951) Cited 14 times
In Dalton Telephone, however, the court strongly suggested that the company's insistence on the union registration was simply a ploy to avoid reducing to writing an agreement to which the parties had already agreed.

Darlington Veneer Co., Inc.

15 Cited authorities

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

Requiring "a clear determination by the Board of an attitude of opposition to the purposes of the Act to protect the rights of employees generally"

Holding that offers of benefits to union supporters that induce them to leave the union violate § 8

In H.J. Heinz Co. v. N.L.R.B., 311 U.S. 514, 61 S.Ct. 320, 85 L.Ed. 309 and Cox v. Gatliff Coal Co., D.C., 59 F. Supp. 882, affirmed 6 Cir., 152 F.2d 52, it was stated that the Act contemplated that a collective bargaining agreement be in writing.

Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"

Observing that "methods of evaluating the credibility of oral testimony do not lend themselves to formulations in terms of rules"

In N.L.R.B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e)(2), 28 U.S.C.A. — which provides that a Master's findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master appointed by a court of appeals.

Upholding a Board finding that a Christmas bonus paid "over a substantial period of time and in amount . . . based on the respective wages earned by the recipients" were "wages"

In National Labor Relations Board v. George P. Pilling Son Co. (119 F.2d 32) the court said, at page 37: "there must be common willingness among the parties to discuss freely and fully their respective claims and demands and, when these are opposed, to justify them on reason.

In Dalton Telephone, however, the court strongly suggested that the company's insistence on the union registration was simply a ploy to avoid reducing to writing an agreement to which the parties had already agreed.