B.A. Mullican Lumber & Mfg. Co.

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]]."
Lee Lumber & Building Material Corp. v. Nat'l Labor Relations Bd.
117 F.3d 1454 (D.C. Cir. 1997) Cited 27 times 3 Legal Analyses
Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them
Exxel/Atmos, Inc. v. Nat'l Labor Relations Bd.
28 F.3d 1243 (D.C. Cir. 1994) Cited 28 times 2 Legal Analyses
Stressing appropriateness of bargaining order to remedy bad faith bargaining during certification year
N.L.R.B. v. New Associates
35 F.3d 828 (3d Cir. 1994) Cited 2 times
Denying enforcement of an NLRB order finding a violation of § 8 when the "NLRB possessed the data which would have enabled Hospitality Care to make an informed decision on whether the Union had lost majority support"