ROSCOE BIFOCAL CO., INC.
v.
SIMON, GENERAL PARTNER OF RAY SIMON OPTICAL CO.

U.S. | 1955-03-14
No. 574
348 U.S. 964 Supreme Court of the United States (1955) Positive Treatment
Cited by 38 cases

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Cited By (38 total)

  • …o the union’s majority status, and that respondents violated Section 8(a) (5) and (1) of the act in refusing to bargain with the union. N. L. R. B. v. Gorbea, Perez & Morell, supra; N. L. R. B. v. Stow Mfg. Co., 217 F. 2d 900 (C.A. 2), cert. denied, 348 U.S. 964, 75 S.Ct. 524, 99 L.Ed. 751. 5) Appropriate Unit Respondents contend that the Owens-boro store does not constitute an appropriate unit for collective bargaining within the meaning of the act. In holding this store to be an appropriate unit, the Bo…
  • Nat'l Labor Relations Bd. v. Flomatic Corp., 347 F.2d 74 (2d Cir. 1965)
    …. v. N. L. R. B., 321 U.S. 702, 64 S.Ct. 817, 88 L.Ed. 1020 (1944); Phelps Dodge Corp. v. N. L. R. B., 313 U.S. 177, 194, 61 S.Ct. 845, 85 L.Ed. 1271 (1941); N. L. R. B. v. Stow Manufacturing Co., 217 F. 2d 900, 905 (2d Cir. 1954), cert. denied 348 U.S. 964, 75 S.Ct. 524, 99 L.Ed. 751 (1955). However, the Board’s action is not insulated from judicial review where it has applied “a remedy it has worked out on the basis of its experience, without regard to circumstances which may make its application to…
  • …ot the courts to determine how the effect of prior unfair labor practices may be expunged.” International Ass’n of Machinists, etc. v. NLRB, 311 U.S., supra, at 82, 61 S.Ct. at 89; NLRB v. Stow Mfg. Corp., 217 F. 2d 900 (2d Cir. 1954), cert. denied, 348 U.S. 964, 75 S.Ct. 524, 99 L.Ed. 751 (1955). Moreover, the Board’s remedy appears reasonable. It is uncontested that the Union held a valid card majority at the time of its May 6 bargaining demand. The Company presumably would have had no valid reason to avo…

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