Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
Holding that the Board may not dictate specific procedures and rules that a union must adopt, not that the Board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria
Holding that "if the findings of the Board are supported by evidence the courts are not free to set them aside even though the Board could have drawn different inferences"