Opinion

National Labor Relations Board v. Erie Resistor Corp.

  • 373 U.S. 221
  • 94 A.L.R. 2d 1147
  • 53 L.R.R.M. (BNA) 2121
  • 83 S. Ct. 1139
  • 10 L. Ed. 2d 308
Court
Supreme Court of the United States
Filed
May 13, 1963
Status
Published
Author
Harlan
On the bench
White, Harlan
Cited by
474 cases

holding that an employer cannot grant discretionary pay increases prior to impasse without bargaining with the union over their size

How later courts described this case

  • holding that an employer cannot grant discretionary pay increases prior to impasse without bargaining with the union over their size
  • noting that courts must afford appropriate deference to the Board's expertise in "applying the general provisions of the Act to the complexities of industrial life"
  • noting that “[t]he employer ... must be held to intend the very consequences which foreseeably and inescapably flow from his actions”
  • upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because “[s]uper-seniority renders future bargaining difficult, if not impossible”

Written by the judges who cited it.

The opinion

Mr. Justice Harlan,

concurring.

I agree with the Court that the Board’s conclusions respecting this 20-year “superseniority” plan were justified without inquiry into the respondents’ motives. However, I do not think that the same thing would necessarily be true in all circumstances, as for. example with a plan providing for a much shorter period of extra seniority. Being unsure whether the Court intends to hold that the Board has power to outlaw all such plans, irrespective of the employer’s motives and other circumstances, or only to sustain its action in the particular circumstances of this case, I concur in the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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