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"
420 U.S. 251 (1975) Cited 434 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
Holding that employer liability could arise under the principles of Restatement 219 if: the employer was negligent or reckless; or the employee relied on the supervisor's apparent authority; or the supervisor was aided in his harassment by the existence of the agency relationship
Holding that the NLRB has the authority to interpret CBAs in the first instance where its interpretation is for the purpose of “enforc[ing] a statutory right which Congress considered necessary to allow labor and management to get on with the process of reaching fair terms and conditions of employment”
Holding disclosure of personnel records and agency documents unprotected as opposition in light of employer’s "legitimate and substantial interest" in confidentiality
Holding that the following factual allegations were sufficient to withstand a motion to dismiss: trauma; sleeplessness; loss of appetite; substantial loss of employment income; overly burdensome financial hardships; damage to his relationship with his family and friends; and damage to his self-esteem and sense of self-worth
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
In NLRB v. Unbelievable, Inc., 71 F.3d 1434 (9th Cir. 1995), we upheld the Board's finding that the employer "engaged in unfair labor practices by eavesdropping on private conversations between employees and [a] Union representative," which occurred in the employee break room.