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Shaw’s Supermarkets, Inc. v. National Labor Relations Board

United States Court of Appeals for the First Circuit
884 F.2d 34 (1989)


Facts

The National Labor Relations Act prohibited employers from threats of reprisal against union organization. During a campaign to organize workers of Shaw’s Supermarkets, Inc. (defendant), Charles Wyatt, a Shaw’s vice president, told employees that if a union was formed, “the employees would be guaranteed minimum wages and workmen’s comp and that’s where our collective bargaining process would begin.” The National Labor Relations Board (plaintiff) found that the statement was a threat of reprisal, in violation of the act. The board in many prior instances had held that similar “bargaining from scratch” statements did not, without more, constitute threats of reprisal. In issuing its order, the board did not explain its departure from its prior holdings. The board ordered a new election and petitioned the federal court to enforce the order.

Rule of Law

Issue

Holding and Reasoning (Breyer, J.)

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