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Employer Violates NLRA by Conditioning a Collective-Bargaining Agreement on the Union's Acceptance of Terms Outside the Scope of Mandatory Bargaining

This report relates to 1 case(s)

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    NLRB v. Wooster Division of Borg-Warner Corp., 356 U.S. 342 (U.S. 1958) (0 other reports)

Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC.

In NLRB v. Wooster Division of Borg-Warner Corp., +356 U.S. 342 (U.S. 1958), the Supreme Court considered whether the employer unlawfully refused to bargain when it insisted that the collective bargaining agreement include a "ballot" clause, calling for a pre-strike secret employee vote as to the employer's last offer, and a "recognition" clause, substituting an uncertified local affiliate of the certified international union as the employees' exclusive bargaining agent. Specifically, the issue before the Court was whether either of these two clauses came within the scope of mandatory collective bargaining, as defined by the National Labor Relations Act (NLRA).