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."
In NLRB v. Carilli, 648 F.2d 1206 (9th Cir. 1981), an employer cited § 186(c)(5)(B) in attacking the NLRB's finding that it violated Section 8(a)(5) of the NLRA by discontinuing payments to a trust fund.
In Pepsi Cola Bottling Co. v. NLRB, 659 F.2d 87 (8th Cir. 1981) (Pepsi Cola), the union initially rejected the offer and three weeks passed between offer and acceptance. During the three-week interval, the employer met with the union for several bargaining sessions but did not expressly withdraw its offer.
In Houchens, for example, the union initially told the employer that "any contract proposal or recommendation would be subject to approval by the employees."