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 Pacific Grinding Wheel, the court recognized that "Board disapproval of proposed terms," "a company's adamant insistence on strong pro-management terms," and "rejection by the employer of terms which were in a previous contract" are not sufficient in themselves to establish bad faith, but are factors which may be considered by the Board with other evidence, and that the "totality of the circumstances may justify a finding of failure to bargain in good faith."
In NLRB v. Mar-Len Cabinets, Inc., 659 F.2d 995 (9th Cir. 1981), we held that looking to the substance of an agreement is permissible when it "supports an inference of intent to frustrate agreement where... the entire spectrum of proposals put forward by a party is so consistently and predictably unpalatable to the other party that the proposer should know agreement is impossible."
Holding that employer's proposal to change bargaining unit definition from "designers" to "draftsmen" would not merely affect work assignments but would alter the scope of the bargaining unit, because it would "not only modify the job functions of the various unit members but also affect their right to representation"
In NLRB v. Bagel Bakers Council, supra, we enforced a decision and order of the Board which found that the employers, Bagel Bakers Council of Greater New York and sixteen of its constituent members, had committed unfair labor practices in violation of the Act by unlawfully locking out members of Bagel Bakers Union Local 338 of the Bakery and Confectionary Workers International Union of America.