MONTGOMERY WARD & CO., INC.,
v.
NATIONAL LABOR RELATIONS BOARD

U.S. | 1957-10-14
No. 264
355 U.S. 829 Supreme Court of the United States (1957) Positive Treatment
Cited by 22 cases

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  • …nced. He was not given the opportunity to choose between working overtime or dismissal. "The abruptness of a discharge and its timing are persuasive evidence as to motivation.” NLRB v. Montgomery Ward & Co., 242 F. 2d 497, 502 (2 Cir.), cert. denied 355 U.S. 829, 78 S.Ct. 40, 2 L.Ed.2d 41 (1957). The existence of a valid ground for discharge is not a justification when it is a mere pretext, nor when the discharge is not solely on this ground, but partly on an impermissible ground. NLRB v. Symons Mfg. Co., 3…
  • …ause of the union’s stipulation in the representation hearing, approved by the Board’s Regional Director, that Henry should be included in the unit is clearly without merit. N. L. R. B. v. Montgomery Ward & Co., 242 F. 2d 497 (2d Cir.), cert. denied 355 U.S. 829, 78 S.Ct. 40, 2 L.Ed.2d 41 (1957). We think also that the record as a whole justified the examiner in concluding that “at all times since August 13, 1962” the union was the representative of a majority of respondent’s employees in an appropriate un…
  • …, 146 N.L.R.B. 1253, 1254 (1964); Breckenridge Gasoline Co., 127 N.L.R.B. 1462, 1463 (1960); Cosmopolitan Studios, Inc., 127 N.L.R.B. 788, 791 (1960); Montgomery Ward & Co., 115 N.L.R.B. 645, 647 (1956), enf’d, 242 F. 2d 497 (2d Cir.), cert. denied, 355 U.S. 829, 78 S.Ct. 40, 2 L.Ed.2d 41 (1957). In Montgomery Ward, the NLRB said that the employer would not automatically be held responsible for the anti-union activities of a supervisor included in the unit unless it was shown that the employer encouraged…

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