J. C. Penney Co., Inc.

9 Cited authorities

Nat'l Labor Relations Bd. v. Savair Manufacturing Co.
414 U.S. 270 (1973) Cited 123 times 1 Legal Analyses
Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip
Pittsburgh Glass Co. v. Board
313 U.S. 146 (1941) Cited 294 times
In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.
Nat'l Labor Relations Bd. v. Golden Age Beverage Co.
415 F.2d 26 (5th Cir. 1969) Cited 95 times
In NLRB v. Golden Age Beverage Company, 415 F.2d 26, 30 (5th Cir. 1969), this court apparently considered hearsay evidence at this stage of proceedings to set aside an election.
Amalgamated Clothing Wkrs. of Am. v. N.L.R.B
424 F.2d 818 (D.C. Cir. 1970) Cited 36 times
Affirming Board determination that employer's evidence was not new because "no explanation was offered as to why this evidence was not discovered or could not have been discovered by the exercise of due diligence"
Follett Corporation v. N.L.R.B
397 F.2d 91 (7th Cir. 1968) Cited 20 times
No. 16221. June 10, 1968. Robert C. Claus, James S. Petrie, John P. Jacoby, Chicago, Ill., Vedder, Price, Kaufman Kammholz, Chicago, Ill., of counsel, for petitioners. Marcel Mallet-Prevost, Asst. Gen. Counsel, George B. Driesen, Atty., N.L.R.B., Washington, D.C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Fred R. Kimmel, Atty., N.L.R.B., for respondent. Before CASTLE, Chief Judge, and SWYGERT and CUMMINGS, Circuit Judges. SWYGERT, Circuit Judge. Follett Corporation
N.L.R.B. v. Burnett Construction Company
350 F.2d 57 (10th Cir. 1965) Cited 15 times
No. 8039. August 6, 1965. Melvin H. Reifin, Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davidson, Atty., N.L.R.B., with him on the brief), for petitioner. Harold B. Wagner, Denver, Colo., for respondent. Before PHILLIPS, PICKETT and LEWIS, Circuit Judges. PICKETT, Circuit Judge. This proceeding is here on the Board's petition for enforcement of its order directing respondent to cease and desist
Nat'l Labor Relations Bd. v. Commerce Co.
328 F.2d 600 (5th Cir. 1964) Cited 12 times
No. 20477. March 3, 1964. Rehearing Denied March 30, 1964. Arnold Ordman, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Dominick Manoli, Associate Gen. Counsel, N.L.R.B., Solomon I. Hirsh, Paula Omansky, Attys., N.L.R.B., Washington, D.C., for petitioner. Charles R. Vickery, Jr., Liddell, Austin, Dawson Sapp, Houston, Tex., Harley W. McConnell, Houston, Tex., for respondent. Before HUTCHESON and GRIFFIN B. BELL, Circuit Judges, and BREWSTER, District Judge. HUTCHESON, Circuit
LTV Electrosystems, Inc. v. Nat'l Labor Relations Bd.
388 F.2d 683 (4th Cir. 1968) Cited 7 times
No. 11560. Argued January 10, 1968. Decided January 18, 1968. Knox L. Haynsworth, Jr., Greenville, S.C. (Thompson, Ogletree Haynsworth, Greenville, S.C., on brief), for petitioner. Lawrence M. Joseph, Attorney, N.L.R.B. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel and Corinna Lothar Metcalf, Attorney, N.L.R.B., on brief), for respondent. Before BOREMAN, WINTER and BUTZNER, Circuit Judges. PER CURIAM: LTV Electrosystems
Intertype Co., Div. of Harris-Intertype v. Penello
269 F. Supp. 573 (W.D. Va. 1967) Cited 5 times
No. 66-C-34-H. February 18, 1967. Kenneth C. McGuiness, Vedder, Price, Kaufman, Kammholz McGuiness, Washington, D.C., Flournoy L. Largent, Jr., Largent, Anderson Larrick, Winchester, Va., for plaintiff. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., David C. Sachs, Regional Atty., Region 5, N.L.R.B., Baltimore, Md., for defendants. OPINION MICHIE, District Judge. Plaintiff, Harris-Intertype Corporation, seeks to have this court compel the production of an investigation file

J. C. Penney Co., Inc.

9 Cited authorities

Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip

In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.

In NLRB v. Golden Age Beverage Company, 415 F.2d 26, 30 (5th Cir. 1969), this court apparently considered hearsay evidence at this stage of proceedings to set aside an election.

Affirming Board determination that employer's evidence was not new because "no explanation was offered as to why this evidence was not discovered or could not have been discovered by the exercise of due diligence"