375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
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.
Affirming bargaining order where company's "large number of unfair labor practices, . . . committed by some of the top officials in the company, and . . . directed at numerous employees . . . instilled a strong fear of union representation in the employees."
Examining the record and reversing in part despite finding the Board's opinion "so lacking in evidentiary support and reasoned decisionmaking that it seems whimsical"
In DTR I, the predictions made were about possible lost business in the face of unionization, contained in a letter from the employer's president to its employees shortly before a union election.