Legal Opinion

United Dairy Farmers Cooperative Ass'n v. National Labor Relations Board

Court of Appeals for the Third Circuit

Decided October 30, 1980No. Nos. 79-1807, 79-1883PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In this case the National Labor Relations Board (the Board) found that the employer had committed numerous unfair labor practices before and after the certification election. In formulating remedies to rectify these patent violations by the employer, the Board declined to issue a bargaining order because the member of the Board who supplied the critical third vote for the majority concluded that the Board lacked the power to do so in the absence of an election victory or card majority by the union. Thus, in reviewing its decision,…

2Cases cited34 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  3. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  4. Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
  5. National Labor Relations Board v. Great Dane Trailers, Inc.Supreme Court of the United States · 1967

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3Cited by15 opinions

  1. Conair Corporation v. National Labor Relations Board, Local 222, International Ladies' Garment Workers' Union, Afl-Cio, IntervenorCourt of Appeals for the D.C. Circuit · 1983
  2. George Barnes v. Andover Company, L.P.Court of Appeals for the Third Circuit · 1990
  3. Harry Carian Sales v. Agricultural Labor Relations BoardCalifornia Supreme Court · 1985
  4. Allied Mechanical Services, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2012
  5. National Labor Relations Board v. A. Duie Pyle, Inc.Court of Appeals for the Third Circuit · 1984

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