Ryder Transportation Services

28 Cited authorities

Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
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
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
N.L.R.B. v. Berger Transfer Storage Co.
678 F.2d 679 (7th Cir. 1982) Cited 52 times
Observing that "when the questions asked `viewed and interpreted as the employee must have understood the questioning and its ramifications, could reasonably coerce or intimidate the employee with regard to union activities,' a violation has been established"
Conair Corp. v. N.L.R.B
721 F.2d 1355 (D.C. Cir. 1983) Cited 48 times
In Conair, the Board, in marked contrast to this case, had specifically found that no other remedy could "dissipate the lingering effects of [Conair's] massive and unrelenting coercive conduct" which "ha[d] foreclosed any possibility of holding a fair representation election."
Fieldcrest Cannon v. National Labor Rela. Bd.
97 F.3d 65 (4th Cir. 1996) Cited 24 times 1 Legal Analyses
Noting that demeanor is a factor in determining credibility
Douglas Foods Corp. v. N.L.R.B
251 F.3d 1056 (D.C. Cir. 2001) Cited 15 times
Vacating restoration order where Board gave no "explanation of its authority to enter such order or [the company's] ability to carry it out," and where order seemed to require "forced repurchase of independently owned assets"
N.L.R.B. v. Q-1 Motor Exp., Inc.
25 F.3d 473 (7th Cir. 1994) Cited 21 times
Finding substantial evidence of discrimination based in part on the employer's reliance on "stale" charges
DTR Industries, Inc. v. Nat'l Labor Relations Bd.
39 F.3d 106 (6th Cir. 1994) Cited 17 times
In DTR I, the predictions made were about possible lost business in the face of unionization, contained in a letter from the employer's president to its employees shortly before a union election.
N.L.R.B. v. S.S. Logan Packing Company
386 F.2d 562 (4th Cir. 1967) Cited 52 times
In NLRB v. Logan Packing Co., 4 Cir., 386 F.2d 562, decided this day, we have considered at some length the serious unreliability of signed authorization cards as an indication of the wishes of a majority of the employees.

Ryder Transportation Services

28 Cited authorities

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

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 the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Observing that "when the questions asked `viewed and interpreted as the employee must have understood the questioning and its ramifications, could reasonably coerce or intimidate the employee with regard to union activities,' a violation has been established"

In Conair, the Board, in marked contrast to this case, had specifically found that no other remedy could "dissipate the lingering effects of [Conair's] massive and unrelenting coercive conduct" which "ha[d] foreclosed any possibility of holding a fair representation election."

Noting that demeanor is a factor in determining credibility

Vacating restoration order where Board gave no "explanation of its authority to enter such order or [the company's] ability to carry it out," and where order seemed to require "forced repurchase of independently owned assets"

Finding substantial evidence of discrimination based in part on the employer's reliance on "stale" charges

In DTR I, the predictions made were about possible lost business in the face of unionization, contained in a letter from the employer's president to its employees shortly before a union election.

In NLRB v. Logan Packing Co., 4 Cir., 386 F.2d 562, decided this day, we have considered at some length the serious unreliability of signed authorization cards as an indication of the wishes of a majority of the employees.