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Selected Campaign Tactics Permitted Under The National Labor Relations Act, John D. Frisby Jr.
Selected Campaign Tactics Permitted Under The National Labor Relations Act, John D. Frisby Jr.
Akron Law Review
The thrust of this discussion is to concentrate on several tactics utilized mainly by employers (Soliciting and/or Remedying Grievances during an Election Campaign and Interrogation and Polling) and a tactic used solely by the union (Waiver of Initiation Fees). Following these discussions, a chapter will be devoted to Interference with the Board's Election Process by both parties. Finally, the issue of Misrepresentations in an election campaign will be discussed in depth as this issue is very important today in light of the ever changing approach of the Board over the past several decades.
Judicial Interference With The Nlrb: Yeshiva University And The Definition Of "Managerial", Jane Clark Casey
Judicial Interference With The Nlrb: Yeshiva University And The Definition Of "Managerial", Jane Clark Casey
Akron Law Review
On February 20, 1980, the United States Supreme Court, in NLRB v. Yeshiva University, decided that the full-time faculty members of Yeshiva University are managerial employees excluded from the coverage of the National Labor Relations Act. The decision was an affirmation of the Second Circuit Court of Appeals and a rejection of the position taken by the National Labor Relations Board. This paper reviews judicial interference with National Labor Relations Board decision-making generally, comments on the merits of the Yeshiva decision, and assesses the particular significance of the Court's interference with the National Labor Relations Board definition of "managerial."
Coercive Conduct And Evidentiary Hearings; Atr Wire And Cable Co. V. Nlrb, Patricia A. Mcintyre
Coercive Conduct And Evidentiary Hearings; Atr Wire And Cable Co. V. Nlrb, Patricia A. Mcintyre
Akron Law Review
Traditionally, the Sixth Circuit Court of Appeals has closely adhered to this strict standard.' It has done so in compliance with one of the foremost policies of the Act - the alleviation of labor unrest by expediently certifying bargaining units. ATR Wire and Cable Co. v. NLRB, "I however, represents the current willingness of the Sixth Circuit to de-emphasize the importance of expediently certifying bargaining representatives. First, the circuit will not hesitate to remand a case with direction to the NLRB to conduct an evidentiary hearing when it determines that the Board adopted the Regional Director's recommendation to certify …