National Labor Relations Board v. American Cable Systems, Inc.

GOLDBERG, Circuit Judge.

In the first act of what we trust will be only a two-act play and not a drama of Shakespearian proportions, we remanded this case to the National Labor Relations Board for additional findings in light of NLRB v. Gissel Packing Co., 1969, 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547. In remanding we said:

“Under the Gissel holding a bargaining order may issue where: (a) the union had valid authorization cards from a majority of the employees in an appropriate bargaining unit; (b) the employer’s unfair labor practices, although not ‘outrageous’ and ‘pervasive’ enough to…