1 / 4

Ex-Cell-O

Ex-Cell-O. Notes inadequacy of Board’s remedies Limitations on Board’s Remedial Authority May not punish respondent May not cause irreparable harm to respondent May not impose a contract (or TCE) H.K. Porter

ide
Télécharger la présentation

Ex-Cell-O

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Ex-Cell-O • Notes inadequacy of Board’s remedies • Limitations on Board’s Remedial Authority • May not punish respondent • May not cause irreparable harm to respondent • May not impose a contract (or TCE) • H.K. Porter • Unwilling to apply Tiidee doctrine (Bd imposed and court enforced reimbursement of litigation expenses) • “frivolous” or “debatable?” • found Ex-Cell-O exercised legal rights

  2. TIME LINE IN EX-CELL-O

  3. Ex-Cell-O Dissent • Employees deprived of right to bargain • TX not imposing a prospective TCE, as occurred in H.K. Porter • Can determine what ees would have received from objective evidence • other unionized facilities of firm • other unionized companies in industry

  4. Differing Perceptions • Majority: Employer exercising rights to have a RD and Bd decision reviewed - due process • Dissent: Employer delaying its bargaining obligation • POINT: One person’s “delay” is another person’s “due process.”

More Related