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Ethan Enterprises, Inc.

342 N.L.R.B. 129 (N.L.R.B. 2004)
Ethan Enterprises, Inc.

17 Cited authorities

  1. Nat'l Labor Relations Bd. v. Acme Industrial Co.

    385 U.S. 432 (1967)   Cited 265 times   4 Legal Analyses
    Approving "discovery-type standard"

  2. Labor Board v. Walton Mfg. Co.

    369 U.S. 404 (1962)   Cited 298 times
    Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

  3. 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.

  4. Capitol-Husting Co., Inc. v. N.L.R.B

    671 F.2d 237 (7th Cir. 1982)   Cited 50 times
    Finding that the "Union acted reasonably in relying" on Capitol-Husting's offer to match financial package offered by rival company that the Union was also negotiating with, such that Capitol-Husting was acting in bad faith to claim that Union's failure to expressly accept this offer nullified its obligation to abide by the contract

  5. Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.

    117 F.3d 1454 (D.C. Cir. 1997)   Cited 27 times   3 Legal Analyses
    Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them

  6. N.L.R.B. v. Williams Enterprises, Inc.

    50 F.3d 1280 (4th Cir. 1995)   Cited 23 times
    Upholding finding of causation where four months passed between company's anti-union statements and decertification petition

  7. Emhart Industries, Hartford Div. v. N.L.R.B

    907 F.2d 372 (2d Cir. 1990)   Cited 27 times
    Denying enforcement of Board order because partial implementation of pre-impasse offer not found to be unfair labor practice

  8. Curtiss-Wright, Wright Aero. Div. v. N.L.R.B

    347 F.2d 61 (3d Cir. 1965)   Cited 55 times
    Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"

  9. N.L.R.B. v. Burkart Foam, Inc.

    848 F.2d 825 (7th Cir. 1988)   Cited 20 times
    Holding that an employer’s unwillingness to deviate from its position kept the offer on the table

  10. Pepsi-Cola Bottling Co., Etc. v. N.L.R.B

    659 F.2d 87 (8th Cir. 1981)   Cited 26 times
    In Pepsi Cola Bottling Co. v. NLRB, 659 F.2d 87 (8th Cir. 1981) (Pepsi Cola), the union initially rejected the offer and three weeks passed between offer and acceptance. During the three-week interval, the employer met with the union for several bargaining sessions but did not expressly withdraw its offer.