LAW 615 Lecture Notes - Lecture 17: National Labor Relations Board, Preferred Stock, Rulemaking
30 May 2020
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Decision based on belief that sec misapplied court"s precedents. Sec comes to same conclusion on remand based on its own interpretation of public utility. Holding company act: chenery ii (1947) court upholds sec decision because it was based on a specific determination of the reorganization plan"s validity. Sec did not need to promulgate a general rule to reach this conclusion. Petitioners should be required in all representation elections. Employees may also personally solicit on plant premises during non-work hours) court doesn"t agree that employee"s rights of privacy would be infringed because a union won"t harass an employee that it wants a vote from. Court also doesn"t buy that it compels employer interference with section 7 rights of employees to refrain from union activities. Nlrb did not apply this rule to excelsior but ordered that the rule be made effective 30 days after its decision. Nlrb ordered wyman-gordon to comply with excelsior rule by disclosing employee names and addresses.
