Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
In Surprenant Mfg. Co. v. N.L.R.B., 341 F.2d 756 (6th Cir. 1965) this Court approved as non-threatening, language of the employer which was much stronger than that used in the present case.
In James H. Matthews Co., supra, the employee in question signed an authorization card. Later the union received a letter, postmarked 11 days after the effective date for determining majority status of the union, requesting return of the employee's authorization card. Allegedly, the letter was neither written, dated, nor addressed by the employee and was originally left with an undisclosed person.
In NLRB v. River Togs, Inc. (2d Cir. July 27, 1967) 382 F.2d 198, however, we recognized some of the limitations of the authorization card procedure, calling for scrutiny of the manner of execution of the cards.
Affirming Board determination that employer's evidence was not new because "no explanation was offered as to why this evidence was not discovered or could not have been discovered by the exercise of due diligence"
Recognizing that the involvement of supervisory union members in union affairs conflicts with "the need to assure the complete devotion of union negotiating teams to employee interests"
In NLRB v. Sinclair Co., 397 F.2d 157, 161 (1st Cir. 1968), one of the three consolidated cases disposed of in the Gissel opinion, the Court of Appeals said, "Whether an employer has used language that is coercive in its effect is a question essentially for the specialized experience of the Board."