Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
356 U.S. 342 (1958) Cited 296 times 1 Legal Analyses
Holding employer's insistence on a ballot clause was an unfair labor practice under § 8 because it was a non-mandatory subject of bargaining and it "substantially modifies the collective-bargaining system provided for in the statute by weakening the independence of the 'representative' chosen by the employees. It enables the employer, in effect, to deal with its employees rather than with their statutory representative."
Treating application of undisputed legal standard to facts as “question of fact” subject to “substantial evidence” standard of § 10(e) of the National Labor Relations Act
In Labor Board v. Jacobs Mfg. Co., 196 F.2d 680, the Second Circuit upheld a Board finding of bad-faith bargaining based on an employer's refusal to supply financial information under circumstances similar to those here. Because of the conflict and the importance of the question we granted certiorari. 350 U.S. 922.
In Pittsburgh-Des Moines Steel the court found that poor productivity was a valid business justification for refusing to pay a Christmas bonus to production and maintenance workers who had been on strike.
Upholding a Board finding that a Christmas bonus paid "over a substantial period of time and in amount . . . based on the respective wages earned by the recipients" were "wages"