Transcript Shopping Kart OH

ELECTION STANDARDS
• HOLLYWOOD
CERAMICS/ GENERAL
KNIT: Election
overturned when there is:
– a substantial departure
from truth
– timed so that other
party cannot
effectively reply
– reasonable expectation
that election may have
been affected
– misrep of facts within
special knowledge of
campaigner
• SHOPPING KART/
MIDLAND: Election
overturned when there
is:
– forgery which
renders voters unable
to recognize
propaganda for what
it is
– alteration of a Board
document to indicate
an endorsement of
one party
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RATIONALE FOR DIFFERENT
VIEWS
• REGULATION
– principle of
“laboratory conditions”
as a vehicle for
protecting employee
free choice
– employees should be
protected from
deceptive campaign
practices
– -obligations of Board
to insure fair elections
• DEREGULATION
– objectivity in
administration of
NLRA and campaigns
– finality in election
results due to reducing
ambiguity in election
standards and scope of
objectionable conduct
– employees can discern
propaganda and
evaluate it
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PERIODS OF ELECTION
REGULATION
• ELECTIONS
• ELECTIONS
REGULATED FROM
DEREGULATED
1948 - 77, 1978-82
FROM circa 19441948, 1977-78, 1982present
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NLRB DOCTRINE ON
REGULATING CAMPAIGN
PROPAGANDA
• REGULATE
ELECTIONS
– GENERAL SHOE
(‘48)
– GUMMED
PRODUCTS (‘55)
– HOLLYWOOD
CERAMICS (‘62)
– GENERAL KNIT
(‘78)
• DEREGULATE
ELECTIONS
– MAYWOOD
HOSIERY (‘45)
– SHOPPING KART
(‘77)
– MIDLAND
NATIONAL LIFE
(‘82)
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