Pepsi Cola Bottling Co. of St Marys, Inc.

14 Cited authorities

Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Labor Board v. Insurance Agents
361 U.S. 477 (1960) Cited 324 times 2 Legal Analyses
Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
Dyer v. MacDougall
201 F.2d 265 (2d Cir. 1952) Cited 321 times
Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence
Nat'l Labor Relations Bd. v. Reed Prince MFG
205 F.2d 131 (1st Cir. 1953) Cited 118 times
In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."
N.L.R.B. v. Herman Sausage Co
275 F.2d 229 (5th Cir. 1960) Cited 79 times
In NLRB v. Herman Sausage Co., 275 F.2d 229 (5th Cir. 1960), our circuit held that "generally speaking, the freedom to grant a unilateral wage increase "is limited to cases where there has been a bona fide but unsuccessful attempt to reach an agreement with the union, or where the union bears the guilt for having broken off relations.' NLRB v. Andrew Jergens Co., 9 Cir., 1949, 175 F.2d 130, 136, cert. denied, 338 U.S. 827, 70 S.Ct. 76, 94 L.Ed. 503.
Timken Roller Bearing Company v. N.L.R.B
325 F.2d 746 (6th Cir. 1963) Cited 56 times
In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.
N.L.R.B. v. Zelrich Company
344 F.2d 1011 (5th Cir. 1965) Cited 50 times
No. 21482. May 11, 1965. Rehearing Denied June 22, 1965. Thomas Canafax, Jr., Atty., N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Dominick L. Manoli, Associate Gen. Counsel, N.L.R.B., Washington, D.C., Arnold Ordman, General Counsel, Allison W. Brown, Jr., Anthony J. Obadal, Attys., N.L.R.B., for petitioner. Warren Whitham, Dallas, Tex., for respondent. Before BROWN and BELL, Circuit Judges, and HUNTER, District Judge. HUNTER, District Judge. The National Labor Relations Board,
Nat'l Labor Relations Bd. v. Des Moines Foods, Inc.
296 F.2d 285 (8th Cir. 1961) Cited 20 times
No. 16694. November 29, 1961. Leo N. McGuire, Atty., National Labor Relations Board, Washington, D.C. made argument for petitioner. Stuart Rothman, Gen. Counsel, Washington, D.C., Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Samuel M. Singer, Atty., and Leo N. McGuire, Atty., NLRB, Washington, D.C. were on the brief. Hobart E. Newton, Stuart, Iowa, made argument for respondent, and was on the brief. Before SANBORN, MATTHES and RIDGE, Circuit Judges. SANBORN
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

Pepsi Cola Bottling Co. of St Marys, Inc.

14 Cited authorities

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that, subject to the duty to bargain in good faith, "parties should have wide latitude in their negotiations"

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence

In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."

In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.