Nat'l Labor Relations Bd. v. Gissel Packing Co.

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

N.L.R.B. v. Jamaica Towing, Inc.

Holding that "hallmark" violations of NLRA "include such employer misbehavior as the closing of a plant or threats of plant closure or loss of employment, the grant of benefits to employees, or the reassignment, demotion or discharge of union adherents" and lesser violations "include such employer misconduct as interrogating employees regarding their union sympathies, holding out a `carrot' of promised benefits, expressing anti-union resolve, threatening that unionization will result in decreased benefits, or suggesting that physical force might be used to exclude the union"

Hedstrom Co. v. N.L.R.B

Affirming the Board's finding that a supervisor's statement was coercive, despite employee testimony suggesting otherwise, because the record supported both interpretations

Nat'l Labor Relations Bd. v. Village IX, Inc.

Finding the employer's adoption of a rule was motivated by an antiunion position and thus violated the Act

N.L.R.B. v. Laney Duke Storage Warehouse Co.

In Laney Duke, the ALJ had ordered the employer to read the notice to any employee who requested it, but the Board had expanded this to require a reading to all employees, singly or collectively, whether or not requested. The Fifth Circuit denied enforcement because it considered this remedy "unnecessarily embarrassing and humiliating to management rather than effectuating the policies of the Act."

Indiana Cal-Pro, Inc. v. N.L.R.B

Holding that the NLRB possessed substantial evidence supporting the conclusion that a supervisor violated § 158 when he told employees that he heard from ownership that unionization would lead to the owners shutting down the plant

N.L.R.B. v. Eagle Material Handling, Inc.

In Eagle Material, we held that a company violated the NLRA when it terminated an unpopular supervisor shortly before the union's representation election.

St. Agnes Medical Center v. N.L.R.B

In St. Agnes, 871 F.2d at 146, a decertification election was set aside because of pre-election unfair labor practices that served to disrupt the "laboratory conditions" required for a valid election.

Elec. Products Div. of Midland-Ross v. N.L.R.B

In Electrical Products Division of Midland-Ross Corp. v. NLRB, 617 F.2d 977, 987 (3d Cir.), cert. denied, 449 U.S. 871, 101 S.Ct. 210, 66 L.Ed.2d 91 (1980), we referred to three elements as usually found in these cases where we enforced a Gissel II order: effect of the unfair labor practices on a significant portion of the bargaining unit, the participation of senior company officials, and the continuing impact of the same factors that undermined the first election.

United Dairy Farmers Co-op. Ass'n v. N.L.R.B