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NLRB v. Permanent Label Corp.
United States Court of Appeals for the Third Circuit
657 F.2d 512 (1981)
Employees of Permanent Label Corporation (plaintiff) organized with the Distributive Workers of America (the union). Permanent Label opposed the unionization effort by offering better benefits if employees opposed the union and threatening to discipline or discharge employees who supported the union. An administrative-law judge found that Permanent Label had engaged in many unfair labor practices. The administrative-law judge determined that Permanent Label’s actions interfered with the employees’ ability to freely vote in a representation election and ordered Permanent Label to bargain with the union. The administrative-law judge detailed his findings, conclusions, and reasoning for the decision to impose a bargaining order rather than to hold a new election. The National Labor Relations Board (NLRB) (defendant) adopted the administrative-law judge’s findings and reasoning and affirmed the bargaining order. Permanent Label challenged the order, arguing that the NLRB failed to justify its decision to impose a bargaining order.
Rule of Law
Holding and Reasoning (Seitz, C.J.)
Concurrence (Aldisert, J.)
Concurrence/Dissent (Garth, J.)
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