Howard Manufacturing Co., Inc.

34 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. Parts Co.
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.”
Electrical Workers v. Labor Board
341 U.S. 694 (1951) Cited 246 times 2 Legal Analyses
Holding that the prohibition of picketing in furtherance of unlawful objectives is not an abridgement of free speech
Dyer v. MacDougall
201 F.2d 265 (2d Cir. 1952) Cited 321 times
Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence
Mine Workers v. Arkansas Flooring Co.
351 U.S. 62 (1956) Cited 79 times
In United Mine Workers v. Arkansas Oak Flooring Co., 351 U.S. 62, 76 S.Ct. 559, 100 L. Ed. 941, references to postlegislative history were referred to in the opinion of the Court.
Labor Board v. Steelworkers
357 U.S. 357 (1958) Cited 72 times
In United Steelworkers, the Court warned that the NLRA "does not command that labor organizations as a matter of abstract law, under all circumstances, be protected in the use of every possible means of reaching the minds of individual workers, nor that they are entitled to use a medium of communication simply because the employer is using it."
Hendrix Manufacturing Company v. N.L.R.B
321 F.2d 100 (5th Cir. 1963) Cited 91 times
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
National Labor Relations Bd. v. Federbush Co.
121 F.2d 954 (2d Cir. 1941) Cited 85 times 2 Legal Analyses
In National Labor Relations Board v. Federbush Co., 121 Fed. 2d 954, decided July 18, 1941, the decision of the Circuit Court of Appeals for the Second Circuit was written by Judge Learned Hand.
International Un., United A., A. v. N.L.R.B
363 F.2d 702 (D.C. Cir. 1966) Cited 34 times
Rejecting argument NLRB used section 8(c) protected statements as "as some evidence of the unfair labor practices themselves" and concluding statements were used only to "place . . . other acts in context"
Section 141 - Short title; Congressional declaration of purpose and policy
29 U.S.C. § 141 Cited 2,060 times 6 Legal Analyses
Stating Congress' declaration of purpose that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations with each other"

Howard Manufacturing Co., Inc.

34 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 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 prohibition of picketing in furtherance of unlawful objectives is not an abridgement of free speech

Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

In United Mine Workers v. Arkansas Oak Flooring Co., 351 U.S. 62, 76 S.Ct. 559, 100 L. Ed. 941, references to postlegislative history were referred to in the opinion of the Court.

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 National Labor Relations Board v. Federbush Co., 121 Fed. 2d 954, decided July 18, 1941, the decision of the Circuit Court of Appeals for the Second Circuit was written by Judge Learned Hand.

Rejecting argument NLRB used section 8(c) protected statements as "as some evidence of the unfair labor practices themselves" and concluding statements were used only to "place . . . other acts in context"

Stating Congress' declaration of purpose that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations with each other"