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NLRB V. Gissel Packing Co., Inc.
''NLRB v. Gissel Packing Co., Inc.'', 395 U.S. 575 (1969) was a unanimous United States Supreme Court case clarifying the application of the National Labor Relations Act after the Taft-Hartley Amendments, particularly the application of union authorization cards. The Taft-Hartley Amendments repealed the provision of the National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, an ... that allowed the NLRB to certify unions without an election. In the Joy Silk decision, the NLRB announced that it would order employers to recognize and bargain with unions if the general counsel established that the union represented a majority of workers in the appropriate bargaining unit, the union request recognition, the employer denied the request for recognition and lacked good ...
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National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strike action, strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ...
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Card Check
Card check, also called majority sign-up, is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards", stating they wish to be represented by the union. Since the National Labor Relations Act (NLRA) became law in 1935, card check has been an alternative to the National Labor Relations Board's (NLRB) election process. Card check and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual empl ...
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Joy Silk
Joy Silk was a doctrine of the US National Labor Relations Board (NLRB) in effect from 1949 to 1966. The doctrine arose from ''Joy Silk Mills, Inc., 85 NLRB 1263'' (1949). The policy was modified in 1966, then in 1969 replaced by the Gissel doctrine following the Supreme Court case ''NLRB v. Gissel Packing Co., Inc.'' Joy Silk held that "if a union provides evidence that a majority of workers want to unionize", the employer must recognize the union unless they have "good faith doubt" regarding that evidence. Further, "if there's an unfair labor practice, meaning the employer broke the law, then it is presumed that the workers wanted to join a union". Jennifer Abruzzo has proposed reinstating the Joy Silk standard, which would make it easier for workers to unionize. According to law professor Risa Lieberwitz, "Bringing Joy Silk back would be a doctrine that more fully respects workers' rights to unionize." In 2023 in response to the company Cemex CEMEX S.A.B. de C.V., known as C ...
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National Labor Relations Board Litigation
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Book Store, a bookstore and office supplies chain in the Philippines * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900–1924 * National Radio Company, Malden, Massachusetts, USA 1914–1991 * National Supermarket ...
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1969 In United States Case Law
1969 (Roman numerals, MCMLXIX) was a common year starting on Wednesday of the Gregorian calendar, the 1969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 2nd millennium, the 69th year of the 20th century, and the 10th and last year of the 1960s decade. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 – Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – USS Enterprise fire, An explosion aboard the aircraft carrier USS Enterprise (CVN-65), USS ''Enterprise'' near Hawaii kills 28 and injures 314. * January 16 – First successful docking of two crewed spacecraft in orbit and the first transfer of crew from one space vehicle to another (by a space walk) between Soviet craft Soyuz 5 and Soyuz 4. * January 18 – Failure of Soyuz 5's service module to separ ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief justice who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by chief justice and include most major cases decided by the court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30, 1941) * St ...
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