Holding that an employer has a duty to bargain in good faith for one year beginning on the date of certification of the bargaining representative by the Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
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".
Permitting the Board to consider the employer's clear expression of opposition to the union as background in order to determine motivation for management's conduct
In N.L.R.B. v. Winn-Dixie Stores, Inc., 341 F.2d 750 (6 Cir. 1965), the court granted enforcement of the Board's order finding the requests for copies of statements to be a violation of Section 8(a)(1).