· 8/14/1987
National Labor Relations Board v. Herbert Halperin Distributing Corporation
Citations
- 826 F.2d 287
- 126 L.R.R.M. (BNA) 2152
- 1987 U.S. App. LEXIS 10814
- 44 Empl. Prac. Dec. (CCH) 37,339
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employer seeking to set aside an election bears the “heavy burden” of showing that infractions “materially affected the election results”
- upholding Board's determination that employ- ees were not agents of the union where the union's profes- sional staff was heavily involved in the campaign and where union did not rely primarily on employees to organize the other workers
- \[W]e think that it is unrealistic to expect every election dialogue to be completely sanitized.\
- question is whether the \amount of association between the union and the [employees] is signifi- cant enough to justify charging the union with the conduct\
- \[t]he final inquiry is always whether the amount of association between the union and the [employees] is significant enough to justify charging the union with the conduct\
- \The Act . . . encourages a free-wheeling debate during the election process. Not [everyone] who supports the union or speaks in its favor is a Union agent\
Source: CourtListener parenthetical corpus (CC0).
Judges: Hall, Wilkinson, Butzner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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