Henry Bierce Co

9 Cited authorities

H. K. Porter Co. v. Nat'l Labor Relations Bd.
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."
Labor Board v. American Ins. Co.
343 U.S. 395 (1952) Cited 269 times
Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"
Texas Petrochemicals Corp. v. N.L.R.B
923 F.2d 398 (5th Cir. 1991) Cited 19 times 1 Legal Analyses
Describing the duty of the employer to rebut the presumption of majority status by conducting a poll in accordance with the required procedural safeguards
Mingtree Restaurant, Inc. v. N.L.R.B
736 F.2d 1295 (9th Cir. 1984) Cited 15 times
Finding Board's application of same standard to elections, employer polls, and withdrawals of recognition "untenable"
Thomas Industries, Inc. v. N.L.R.B
687 F.2d 863 (6th Cir. 1982) Cited 16 times
In Thomas Industries, 687 F.2d at 869, this Court, in finding that a poll satisfied the procedural requirements set forth in Struksnes, relied in part on the fact that the union president was present, and spoke to employees before they voted.
N.L.R.B. v. A. W. Thompson, Inc.
651 F.2d 1141 (5th Cir. 1981) Cited 16 times
Describing how after repeated violations of an order "we would normally have no qualms about imposing a schedule of prospective fines"
Nat'l Labor Relations Bd. v. Flex Plastics, Inc.
726 F.2d 272 (6th Cir. 1984) Cited 13 times
Rejecting argument that union "inaction" was legitimate basis for withdrawal of recognition: "The Company had no evidence that the Union-employee relationship was not an active one, only that the Union-management relationship was inactive."
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,317 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,062 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Henry Bierce Co

9 Cited authorities

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."

Holding the degree of discretion in a CBA "is an issue for determination across the bargaining table, not by the Board"

Describing the duty of the employer to rebut the presumption of majority status by conducting a poll in accordance with the required procedural safeguards

Finding Board's application of same standard to elections, employer polls, and withdrawals of recognition "untenable"

In Thomas Industries, 687 F.2d at 869, this Court, in finding that a poll satisfied the procedural requirements set forth in Struksnes, relied in part on the fact that the union president was present, and spoke to employees before they voted.

Describing how after repeated violations of an order "we would normally have no qualms about imposing a schedule of prospective fines"

Rejecting argument that union "inaction" was legitimate basis for withdrawal of recognition: "The Company had no evidence that the Union-employee relationship was not an active one, only that the Union-management relationship was inactive."

Granting employees a wage increase without bargaining with Local 355

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB