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"
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
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.
In NLRB v. Tex-tan, Inc., 318 F.2d 472, 478 (5th Cir. 1972), the Fifth Circuit found that the union's demand that records be provided in a "organized fashion" was unreasonable and that the company's "unqualified offer" to "see and copy any of its records" met the union's rights to be provided with information.
In Armstrong Cork Co. v. NLRB, 211 F.2d 843 (5th Cir. 1954), an employer announced to an assembly of workers shortly after a representation election that he intended to remove a "pledge" which the Company had posted on the bulletin board setting forth employees' rights.
In N.L.R.B. v. General Motors Corp., 2 Cir., 179 F.2d 221 it was held that the court need not refuse enforcement because, pendente lite, the original dispute has been settled.
Refusing to apply "the doctrine of waiver or estoppel . . . to excuse the employer from its statutory duty to bargain in good faith with the union during the certification period"