Legal Opinion

Nestle Ice Cream Co. v. National Labor Relations Board

Court of Appeals for the Sixth Circuit

Decided February 14, 1995No. Nos. 93-6307, 93-6410PublishedCited by 2 opinions

1Opinion of the Court

RYAN, Circuit Judge.

Petitioner/Cross-Respondent, Nestle Ice Cream Company, petitions for review of a National Labor Relations Board decision holding that Nestle committed an unfair labor practice by refusing to bargain with the intervenors, General Teamsters & Food Processing Local Union 87 and Operating Engineers Local 501 (the Unions). The Board petitions for enforcement of its bargaining order.

We deny enforcement and reverse the Board’s bargaining order because the Unions conferred impermissible preelection benefits on Nestle employees, rendering invalid the representation election in…

2Cases cited19 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  3. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  4. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  5. Bill Johnson's Restaurants, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1983

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3Cited by2 opinions

  1. Billingsley v. MV Transportation, Inc.District Court, E.D. California · 2017
  2. Nestle Ice Cream Company v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1995

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