WELLMAN INDUSTRIES, INC.
v.
NATIONAL LABOR RELATIONS BOARD

U.S. | 1977-10-03
No. 76-1455
434 U.S. 818 Supreme Court of the United States (1977) Caution
Cited by 30 cases

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Cited By (28 total)

  • Nat'l Labor Relations Bd. v. Tahoe Nugget, Inc., 584 F.2d 293 (9th Cir. 1978)
    …reasonable basis for doubting the union’s majority.20 The good faith criterion is unconcerned with the employer’s subjective motivation; its focus is empirical and objective. See NLRB v. Vegas Vic, Inc., 546 F. 2d 828 (9th Cir. 1976), cert. denied, 434 U.S. 818, 98 S.Ct. 57, 54 L.Ed.2d 74 (1978). What the employer knew is determinative, not why he challenged the union’s position. See Automated Business Systems v. NLRB, 497 F. 2d 262 (6th Cir. 1974); NLRB v. Gulfmont Hotel Co., 362 F. 2d 588, 589 (5th Cir.…
    1 / 3
  • United States v. Soulard, 730 F.2d 1292 (9th Cir. 1984)
    …r and the prosecuting attorney. A. STANDARD OF REVIEW In general, the standard of review for a trial court’s decisions regarding jury incidents is abuse of discretion. See United States v. Hendrix, 549 F. 2d 1225, 1227-29 (9th Cir.), cert. denied, 434 U.S. 818, 98 S.Ct. 58, 54 L.Ed.2d 74 (1977); United States v. Armstrong, 654 F. 2d 1328, 1332 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982). In responding to charges of juror misconduct or bias, a trial, court has the pow…
    1 / 2
  • United States v. Shapiro, 669 F.2d 593 (9th Cir. 1982)
    …endant than to the United States Government. “If a single juror is improperly influenced, the verdict is as unfair as if all were.” Stone v. United States, 113 F. 2d at 77. See United States v. Hendrix, 549 F. 2d 1225, 1227 (9th Cir.), cert. denied, 434 U.S. 818, 98 S.Ct. 58, 54 L.Ed.2d 74 (1977). Accordingly, while we appreciate that the trial judge found himself between the Scylla of no voir dire and the Charybdis of voir dire that creates prejudice where none existed, we hold that the motion for mistrial…

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