397 U.S. 99 (1970) Cited 222 times 2 Legal Analyses
Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."
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
In Landmark International, the Sixth Circuit held that the evidence failed to support the Board's finding that Landmark had violated § 8(a)(1) by sending letters to employees advising them of their right to resign from the union and to revoke the dues checkoff authorization.