In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."
311 U.S. 7 (1940) Cited 231 times 3 Legal Analyses
In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.
In Polish National Alliance v. NLRB, 322 U.S. 643, 64 S.Ct. 1196, 88 L.Ed. 1509 (1944), the Court held that the National Labor Relations Act applied to a fraternal organization providing death, disability and accident benefits to its members and their beneficiaries.
Rejecting PBGC's argument that Section 1341 (c) (B) of ERISA required a debtor to file a plan of reorganization and disclosure statement as a necessary prerequisite to a bankruptcy court's distress termination analysis and recognizing case law holding that "ERISA may not be interpreted so as to confound the clear intentions of the Bankruptcy Code's drafters"