353 U.S. 657 (1957) Cited 1,103 times 2 Legal Analyses
Holding that defendants are entitled to obtain the prior statements of persons to government agents when those persons are to testify against the defendants at trial
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 a union is entitled to inspect the data relied on by an employer and does not have to accept the employer's bald assertions or generalized figures at face value"
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.
Finding no impasse where “little substantive bargaining had taken place” during the parties' few negotiation sessions and the union had made proposals that “obviously were grist for the collective bargaining mill”
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.