Fantasia Fresh Juice Co.

13 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. 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"
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
N.L.R.B. v. McCullough Environmental Serv
5 F.3d 923 (5th Cir. 1993) Cited 98 times
Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Pergament United Sales, Inc. v. N.L.R.B
920 F.2d 130 (2d Cir. 1990) Cited 20 times 9 Legal Analyses
Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"
Hotel Emp. Restaurant Emp. Un. v. N.L.R.B
760 F.2d 1006 (9th Cir. 1985) Cited 26 times 6 Legal Analyses
Affirming Rossmore House, 269 NLRB 1176
N.L.R.B. v. Brookshire Grocery Co.
919 F.2d 359 (5th Cir. 1990) Cited 13 times 1 Legal Analyses
Holding that employer could discharge employee under the NLRA for taking company papers
Rogers Manufacturing Company v. N.L.R.B
486 F.2d 644 (6th Cir. 1973) Cited 20 times
Leaving until compliance proceedings the question of which lone striker out of fourteen would not be entitled to reinstatement when the NLRB only had the authority to reinstate thirteen strikers
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,091 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"

Fantasia Fresh Juice Co.

13 Cited authorities

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

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"

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Concluding that statement that "things were going to get a lot tougher around here" upon unionization constituted a threat

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Holding that "due process is satisfied when a complaint gives a respondent fair notice . . . and when the conduct implicated in the alleged violation has been fully and fairly litigated"

Affirming Rossmore House, 269 NLRB 1176

Holding that employer could discharge employee under the NLRA for taking company papers

Leaving until compliance proceedings the question of which lone striker out of fourteen would not be entitled to reinstatement when the NLRB only had the authority to reinstate thirteen strikers

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"