Steel-Fab, Inc.

11 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. Savair Manufacturing Co.
414 U.S. 270 (1973) Cited 123 times 1 Legal Analyses
Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip
Franks Bros. Co. v. Labor Board
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
Labor Board v. Bradford Dyeing Assn
310 U.S. 318 (1940) Cited 150 times
Construing "affecting commerce"
Mine Workers v. Arkansas Flooring Co.
351 U.S. 62 (1956) Cited 79 times
In United Mine Workers v. Arkansas Oak Flooring Co., 351 U.S. 62, 76 S.Ct. 559, 100 L. Ed. 941, references to postlegislative history were referred to in the opinion of the Court.
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.
J.C. Penney Co. v. N.L.R.B
384 F.2d 479 (10th Cir. 1967) Cited 30 times
No. 8874. August 29, 1967. William C. McClearn, Denver, Colo. (Robert L. Morris, Morris B. Hecox, Denver, Colo., Eugene F. Rowan and Martin Zeiger, New York City, with him on brief), for petitioner. Peter M. Giesey, Washington, D.C. (Arnold Ordman, Dominick L. Manoli, Marcel Mallet-Prevost and Nancy M. Sherman, Washington, D.C., with him on brief), for respondent. Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges. MURRAH, Chief Judge. This matter arises from two separate unfair
United Steelworkers of America v. N.L.R.B
376 F.2d 770 (D.C. Cir. 1967) Cited 27 times
Nos. 18921, 20211. Argued November 22, 1966. Decided March 24, 1967. Petitions for Rehearing Denied April 21, 1967. Mr. Michael Gottesman, Washington, D.C., with whom Mr. Elliott Bredhoff, Washington, D.C., was on the brief, for petitioner in No. 18,921 and intervenor in No. 20,211. Mrs. Janet Kohn, Atty., N.L.R.B., with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Atty., N.L.R.B., were on the
Southwest Regional Jt. Bd., v. N.L.R.B
441 F.2d 1027 (D.C. Cir. 1970) Cited 17 times
Finding that the "proper question `is not whether an employee actually felt intimidated but whether the employer engaged in conduct which may reasonably be said to tend to interfere with the free exercise of employee rights under the Act'" (quoting Joy Silk Mills, supra, 185 F.2d at 743-44)
N.L.R.B. v. Heck's Inc.
398 F.2d 337 (4th Cir. 1968) Cited 13 times
In N.L.R.B. v. Heck's Inc., 398 F.2d 337 (4th Cir. 1968), the court declined enforcement of an order to bargain, but that decision was reversed by the Supreme Court sub nom. N.L.R.B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969).

Steel-Fab, Inc.

11 Cited authorities

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

Noting that although an employee may not be "legally bound to vote for the union and has not promised to do so in any formal sense" some "would feel obliged " to cast a union vote after having signed a union recognition slip

Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

Construing "affecting commerce"

In United Mine Workers v. Arkansas Oak Flooring Co., 351 U.S. 62, 76 S.Ct. 559, 100 L. Ed. 941, references to postlegislative history were referred to in the opinion of the Court.

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.

Finding that the "proper question `is not whether an employee actually felt intimidated but whether the employer engaged in conduct which may reasonably be said to tend to interfere with the free exercise of employee rights under the Act'" (quoting Joy Silk Mills, supra, 185 F.2d at 743-44)

In N.L.R.B. v. Heck's Inc., 398 F.2d 337 (4th Cir. 1968), the court declined enforcement of an order to bargain, but that decision was reversed by the Supreme Court sub nom. N.L.R.B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969).