Drug Package Co., Inc.

16 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"
Labor Board v. Katz
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"
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Nat'l Labor Relations Bd. v. Savair Manufacturing Co.
414 U.S. 270 (1973) Cited 123 times 1 Legal Analyses
Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip
Republic Steel Corp. v. Labor Board
311 U.S. 7 (1940) Cited 231 times 3 Legal Analyses
In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.
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"
N.L.R.B. v. P. Lorillard Co.
314 U.S. 512 (1942) Cited 76 times
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. No. 71. Argued December 18, 19, 1941. Decided January 5, 1942. Whether an employer should be required to bargain with a union previously selected as employees' bargaining representative or, in view of lapse of time and changed conditions, a new election should be held is a question for decision by the Board and not by the Circuit Court of Appeals. P. 513. 117 F.2d 921, reversed. CERTIORARI, 313 U.S. 557, to review a judgment entered
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.
J.C. Penney Co. v. N.L.R.B
384 F.2d 479 (10th Cir. 1967) Cited 30 times
No. 8874. August 29, 1967. William C. McClearn, Denver, Colo. (Robert L. Morris, Morris B. Hecox, Denver, Colo., Eugene F. Rowan and Martin Zeiger, New York City, with him on brief), for petitioner. Peter M. Giesey, Washington, D.C. (Arnold Ordman, Dominick L. Manoli, Marcel Mallet-Prevost and Nancy M. Sherman, Washington, D.C., with him on brief), for respondent. Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges. MURRAH, Chief Judge. This matter arises from two separate unfair
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Drug Package Co., Inc.

16 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 "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"

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip

In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.

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"

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.

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"