In Ladies' Garment Workers, the Second Circuit stated that "no genuine bargaining... can be conducted where the decision has already been made and implemented."
Holding that those injured during the trustee's administration of an estate are entitled to an administrative priority regardless of whether their injury was caused by a tort or other wrongdoing
In NLRB v. Royal Plating Polishing Co., Inc., 350 F.2d 191, 196 (3d Cir. 1965), the court characterized a company's decision to close a plant when "faced with the economic necessity of either moving or consolidating the operations of a failing business" as a "management decision which [is] fundamental to the basic direction of a corporate enterprise" and which lies "at the core of entrepreneurial control.
In NLRB v. Rapid Bindery Inc., 293 F.2d at 176, the Second Circuit held that "conjecture or rumor is not an adequate substitute for an employer's formal notice to a union of a vital change in working conditions.
In NLRB v. Adams Dairy, Inc., 350 F.2d 108 (8 Cir. 1965), cert. denied 382 U.S. 1011, 86 S.Ct. 619, 15 L.Ed.2d 526 (1966), we held that in the absence of union animus, a company has no legal duty to bargain with a union over the decision to partially shut down its operations because of economic reasons.
In Lammert, the Board ultimately found that the union retained its majority status at the new facility and therefore permitted it to represent all 26 employees.