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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.