Holding that an employer has a duty to bargain in good faith for one year beginning on the date of certification of the bargaining representative by the Board
375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act โprohibits 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.โ
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
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.
No. 949. June 11, 1962. C.A. 7th Cir. Certiorari denied. C. E. Tate and John Alan Appleman for petitioners. Horace E. Gunn for respondent. Reported below: 300 F. 2d 340.
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".
In Surprenant Mfg. Co. v. N.L.R.B., 341 F.2d 756 (6th Cir. 1965) this Court approved as non-threatening, language of the employer which was much stronger than that used in the present case.
In James H. Matthews Co., supra, the employee in question signed an authorization card. Later the union received a letter, postmarked 11 days after the effective date for determining majority status of the union, requesting return of the employee's authorization card. Allegedly, the letter was neither written, dated, nor addressed by the employee and was originally left with an undisclosed person.
In NLRB v. Flomatic Corp., 347 F.2d 74, 76-77 (2 Cir. 1965), this court held that various promises of benefits and an invitation to deal directly with the company violated ยง 8(a)(1).
In Irving Air Chute Co. v. N.L.R.B., 2 Cir., 350 F.2d 176, 182, the Court in allowing enforcement of the Board's order cited many cases for the proposition, "`It is for the Board not the courts to determine how the effect of prior unfair labor practices may be expunged'."