Southern Moldings, Inc. v. National Labor Relations Board

MERRITT, Circuit Judge,

delivering the opinion for the Court.

We voted to reconsider en banc this unfair labor practice case primarily to decide the question of whether NLRB v. Gissel Packing Co., 395 U.S. 575, 614, 89 S.Ct. 1918, 1940, 23 L.Ed.2d 547 (1969), should be interpreted to require the National Labor Relations Board, prior to the issuance of a bargaining order, to make explicit findings and conclusions respecting the inadequacy of a new election or other less onerous remedies for correcting unfair labor practices committed by an employer during a union election campaign.1 We now…