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.”
419 U.S. 301 (1974) Cited 55 times 12 Legal Analyses
Recognizing "that while the election process has acknowledged superiority in ascertaining whether a union has majority support, [signed employee authorization] cards may adequately reflect employee sentiment"
In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
Stating that "holding a rerun election simply because of the passage of time rewards employer recalcitrance and offers no deterrence to future unfair labor practices"
Holding Board's failure to order restoration of sewing plant was not abuse of discretion in light of trend in garment industry to subcontract sewing work to low-cost foreign companies
In NLRB v. River Togs, Inc. (2d Cir. July 27, 1967) 382 F.2d 198, however, we recognized some of the limitations of the authorization card procedure, calling for scrutiny of the manner of execution of the cards.