KMST-TV, Channel 46

16 Cited authorities

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.”
N.L.R.B. v. Dorn's Transportation Company
405 F.2d 706 (2d Cir. 1969) Cited 40 times
Noting that "a good faith effort to conform to the requirements of the law" would be a legal motivation for withholding benefits
J.J. Newberry Co. v. N.L.R.B
645 F.2d 148 (2d Cir. 1981) Cited 23 times
In J.J. Newberry, 645 F.2d 148, the court found an 8(a)(1) violation where the employer announced a wage increase prior to an election.
N.L.R.B. v. Otis Hospital
545 F.2d 252 (1st Cir. 1976) Cited 25 times
Withholding promised wage increase from all employees during union organizing campaign violated § 8
N.L.R.B. v. Dothan Eagle, Inc.
434 F.2d 93 (5th Cir. 1970) Cited 30 times
No. 28576. November 2, 1970. Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Allison W. Brown, Jr., Atty., N.L.R.B., Washington, D.C., Charles M. Paschal, Jr., Director, N.L.R.B., Region 15, New Orleans, La., David E. Rosenbaum, Atty., N.L.R.B., Silver Spring, Md., for petitioner. C. Dale Stout, William F. Banta, Kullman, Lang, Keenan, Inman Bee, New Orleans, La., for respondent. Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges
Free-Flow Packaging Corp. v. N.L.R.B
566 F.2d 1124 (9th Cir. 1978) Cited 21 times
Holding that failure to grant a wage increase could be lawfully motivated by a good-faith effort "to comply with the requirements of law"
Nat'l Labor Relations Bd. v. Don's Olney Foods, Inc.
870 F.2d 1279 (7th Cir. 1989) Cited 7 times
Holding that responsible direction implies the need for accountability
Southern Maryland Hosp. Center v. N.L.R.B
801 F.2d 666 (4th Cir. 1986) Cited 9 times
Refusing to enforce the Board's unfair labor practice finding where the conduct in question was "at most a minimal intrusion upon employees § 7 rights...."
Gossen Co., a Div. of U.S. Gypsum v. N.L.R.B
719 F.2d 1354 (7th Cir. 1983) Cited 9 times
Adopting test from Plasticrafts, Inc. v. N.L.R.B., 586 F.2d 185, 188 (10th Cir. 1978)
General Motors Acceptance Corp. v. N.L.R.B
476 F.2d 850 (1st Cir. 1973) Cited 16 times
Reaching similar conclusion where annual wage increase contained both automatic and discretionary elements

KMST-TV, Channel 46

16 Cited authorities

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.”

Noting that "a good faith effort to conform to the requirements of the law" would be a legal motivation for withholding benefits

In J.J. Newberry, 645 F.2d 148, the court found an 8(a)(1) violation where the employer announced a wage increase prior to an election.

Withholding promised wage increase from all employees during union organizing campaign violated § 8

Holding that failure to grant a wage increase could be lawfully motivated by a good-faith effort "to comply with the requirements of law"

Holding that responsible direction implies the need for accountability

Refusing to enforce the Board's unfair labor practice finding where the conduct in question was "at most a minimal intrusion upon employees § 7 rights...."

Adopting test from Plasticrafts, Inc. v. N.L.R.B., 586 F.2d 185, 188 (10th Cir. 1978)

Reaching similar conclusion where annual wage increase contained both automatic and discretionary elements