United States Can Company v. National Labor Relations Board, United Steelworkers of America, Afl-Cio-Clc, Intervening

the judgment.

I agree with the majority that this case represents the archetypical stock transfer situation and that U.S. Can would likely be bound to the master labor agreement on that basis had the Board addressed the issue. See Esmark, Inc. v. NLRB, 887 F.2d 739, 751 (7th Cir.1989). The fact of the matter is, however, that the Board did not pursue this rather simple theory, but instead followed a complex and questionable analysis to the effect that U.S. Can adopted the master labor agreement by its subsequent conduct despite its repeated and vehement statements and actions to the contrary.…