Stella D'oro Biscuit Co.

20 Cited authorities

Labor Board v. Katz
369 U.S. 736 (1962) Cited 708 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Detroit Edison Co. v. Nat'l Labor Relations Bd.
440 U.S. 301 (1979) Cited 225 times 20 Legal Analyses
Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 232 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
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
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
Facet Enterprises, Inc. v. N.L.R.B
907 F.2d 963 (10th Cir. 1990) Cited 30 times
In Facet Enterprises, we reasoned "[t]he policies underlying [§ 160(e)], i.e., notice, efficiency and providing the Board with the first opportunity to consider a claim, would have been undermined had the Supreme Court allowed judicial review" in Woelke & Romero and Garment Workers' Union.
Conagra, Inc. v. Nat'l Labor Relations Bd.
117 F.3d 1435 (D.C. Cir. 1997) Cited 20 times
Equating an inability to pay with an inability to afford, and emphasizing that the employer had “stated repeatedly that the company remained profitable”
N.L.R.B. v. Harvstone Mfg. Co.
785 F.2d 570 (7th Cir. 1986) Cited 28 times 1 Legal Analyses
In NLRB v. Harvstone Mfg. Corp., 785 F.2d 570 (7th Cir.1986), that Circuit declared that claims of competitive disadvantage are “nothing more than truisms” and do not equate to an inability to pay.
Larand Leisurelies, Inc. v. N.L.R.B
523 F.2d 814 (6th Cir. 1975) Cited 37 times
No. 74-2325. Argued June 10, 1975. Decided October 1, 1975. As Amended October 15, 1975. W. Bruce Baird, Matthew R. Westfall, Middleton, Reutlinger Baird, Louisville, Ky., Jay S. Siegel, Siegel, O'Connor Kainen, Hartford, Conn., for petitioner. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Hope P. Zelasko, Emil C. Farkas, Regional Director, 9th Region, N.L.R.B., Cincinnati, Ohio, for respondent. Herbert L. Segal, Irwin H. Cutler, Jr., Segal, Isenberg, Sales, Stewart Nutt

Stella D'oro Biscuit Co.

20 Cited authorities

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Holding that the duty to produce information relevant to a bargaining issue is derivative from the broader statutory duty to bargain in good-faith

Holding that the Board's "clipped view of the record" did not support its finding that the employer had committed unfair labor practices

In Facet Enterprises, we reasoned "[t]he policies underlying [§ 160(e)], i.e., notice, efficiency and providing the Board with the first opportunity to consider a claim, would have been undermined had the Supreme Court allowed judicial review" in Woelke & Romero and Garment Workers' Union.

Equating an inability to pay with an inability to afford, and emphasizing that the employer had “stated repeatedly that the company remained profitable”

In NLRB v. Harvstone Mfg. Corp., 785 F.2d 570 (7th Cir.1986), that Circuit declared that claims of competitive disadvantage are “nothing more than truisms” and do not equate to an inability to pay.