§

Arlington Metals Corporation

368 NLRB No. 74 (N.L.R.B. 2019)
Arlington Metals Corporation

16 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,623 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. Labor Board v. Truitt Mfg. Co.

    351 U.S. 149 (1956)   Cited 223 times   8 Legal Analyses
    Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

  3. Vincent Industrial Plastics, Inc. v. Nat'l Labor Relations Bd.

    209 F.3d 727 (D.C. Cir. 2000)   Cited 44 times   3 Legal Analyses
    In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."

  4. Lakeland Bus Lines, Inc. v. N.L.R.B

    347 F.3d 955 (D.C. Cir. 2003)   Cited 21 times   2 Legal Analyses
    Holding that the Board's "clipped view of the record" did not support its finding that the employer had committed unfair labor practices

  5. Nat'l Labor Relations Bd. v. Reed Prince MFG

    205 F.2d 131 (1st Cir. 1953)   Cited 118 times
    In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."

  6. N.L.R.B. v. Williams Enterprises, Inc.

    50 F.3d 1280 (4th Cir. 1995)   Cited 23 times
    Upholding finding of causation where four months passed between company's anti-union statements and decertification petition

  7. N.L.R.B. v. Herman Sausage Co

    275 F.2d 229 (5th Cir. 1960)   Cited 79 times
    In NLRB v. Herman Sausage Co., 275 F.2d 229 (5th Cir. 1960), our circuit held that "generally speaking, the freedom to grant a unilateral wage increase "is limited to cases where there has been a bona fide but unsuccessful attempt to reach an agreement with the union, or where the union bears the guilt for having broken off relations.' NLRB v. Andrew Jergens Co., 9 Cir., 1949, 175 F.2d 130, 136, cert. denied, 338 U.S. 827, 70 S.Ct. 76, 94 L.Ed. 503.

  8. N.L.R.B. v. Hardesty Co., Inc.

    308 F.3d 859 (8th Cir. 2002)   Cited 12 times
    Noting that hardline bargaining positions can be evidence that an employer "had no intention of reaching an agreement"

  9. SDBC Holdings, Inc. v. Nat'l Labor Relations Bd.

    711 F.3d 281 (2d Cir. 2013)   Cited 3 times   2 Legal Analyses
    Contrasting unwillingness to meet union's demands with professed inability to do so

  10. Sparks Nugget, Inc. v. N.L.R.B

    968 F.2d 991 (9th Cir. 1992)   Cited 19 times
    In Sparks Nugget, the Ninth Circuit went further by finding that the inaccessibility exception does not apply at all in situations where customers, and not employees, are the target audience; alternatively, the court stated that, even if the exception were applicable, Lechmere would require a finding that the intended audience is presumptively not inaccessible "because the targets of the union protest do not reside on the employer's property."