Gissel case
These are the names of the 4 cases that were consolidated in the Gissel case.
What is Gissel, Heck's, General Steel, & Sinclair?
The Board may issue a “bargaining order in less extraordinary cases marked by less pervasive practices which nonetheless still have the tendency to undermine majority strength and impede the election processes.” This is the most common category of Gissel bargaining order.
What is a Category II Violation?
A power solely in the hands of the employer. This is not a violation that can be prevented by a Union nor collective bargaining.
What is a Plant Closure?
This city was the location of the garment company plant where the union organizing campaign occurred.
What is San Antonio, Texas?
This principle of the NLRA requires that an exclusive bargaining representative be chosen by a majority of employees.
What is majority rule under Section 9(a)?
This Justice wrote the majority opinion in Gissel.
Who is Justice Warren?
The Board may issue a Gissel bargaining order in situations where the conduct of the employer is judged to be so “exceptional,” “outrageous,” or “pervasive” that traditional remedies would not be effective. This is the rarest category within the framework.
What is a Category I Violation?
Traditional remedies offered by the FLSA and the Board for this violation often trail too far behind to prevent the impact from disturbing election conditions.
What is Discharge of Union Sympathizers?
This workplace event occurred during the organizing campaign but was unrelated to the union effort.
What is a wage dispute strike?
The Court held that recognizing a union without majority support violates the NLRA under these unfair labor practice provisions.
What are Sections 8(a)(1), 8(a)(2), and 8(b)(1)(A)?
These 2 factors must be met for the Board to order a mandatory Gissel bargaining order.
What are (i) The union had demonstrated majority support at one point, and (ii) the employer has committed ULPs that “have the tendency to undermine majority strength and impede the election processes”?
These violations are very unlikely to disturb the election machinery and overall can be described as “minor” or “less extensive.” They will not support a Gissel bargaining order.
What is a Category III Violation?
Traditional enforcement powers of the Board do not require employers to revoke these from employees making this ULP particularly long lasting in the minds of employees.
What is the Granting of Benefits to Employees?
Despite the union claiming majority support, the employer failed to perform this verification step before granting recognition.
What is comparing authorization cards to payroll records (or otherwise verifying majority status)?
The employer argued it believed the union had majority support; the Court ruled that this was not a valid defense.
What is good faith belief?
This is a consideration the Board can use when deciding a remedy.
What is: the extensiveness of an employer’s unfair practices in terms of their past effect on election conditions and the likelihood of their recurrence in the future?
In May of 2024, Union X conducts a successful card check in an attempt to initiate an election process at a meat packing plant, in which they garner 65% of the available cards. In the campaign period, the employer commits several ULPs though they are not considered “pervasive” or “exceptional”. After the election is held and the union is not elected. This category best fits the situation.
What is a Category II Violation?
This hallmark violation goes to the very heart of the FLSA, not likely to be forgotten by employees as they associate their union support with the loss of their job.
What is the threat of discharge for union support?
The Court was concerned that granting recognition to a minority union could have this effect on later employee support for the union.
What is tainting or artificially increasing the union’s later majority support?
The Court rejected the argument that this later development could cure the unlawful recognition.
What is the union later obtaining majority support?
This is the Cumberland Shoe doctrine.
What doctrine holds that if a card itself is unambiguous, it will be counted unless it is proved that the employee was told that the card was to be used solely for the purpose of obtaining an election?
In March of 2021, John Smith was attempting to rally union support at his workplace. One afternoon while on a break and in the breakroom Smith attempts to hand out pamphlets. Smith’s supervisor enters the breakroom and demands Smith to stop soliciting. This is later deemed to be a ULP. Several years later an election is held without any problems. This category best fits the situation.
What is a Category III Violation?
In the weeks leading up to a union election, the employer begins to speak openly about the potential consequences of a successful union election. The employer begins to post signs that the plant will close on a date two weeks after the scheduled election. This violation falls within what Hallmark category?
What is the threat of plant closure?
Justice Douglas suggested that even if a union lacks majority support, it should still be allowed to bargain under this alternative representation model.
What is members-only bargaining (a members-only union model)?
The dissent noted that the collective bargaining agreement contained this contractual clause allowing the remainder of the agreement to survive even if one provision was invalid.
What is a separability (or severability) clause?