522 U.S. 359 (1998) Cited 426 times 13 Legal Analyses
Holding that the Board "is not free to prescribe what inferences from the evidence it will accept and reject, but must draw all those inferences that the evidence fairly demands"
494 U.S. 775 (1990) Cited 177 times 2 Legal Analyses
Holding that Board has "considerable deference" in determining the legal rule to apply and should be upheld "as long as it is rational and consistent with the Act"
In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."
Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them