American Sanitary Wipers Case Analysis

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In Peter Satori Co. the Board found that there was intent to avoid the reaching of an agreement because the employer "coupled a determination to yield nothing of substance to the Union with an attitude of offering its proposals on a take it-or-leave-it basis." In both cases the Board's reasoning was consistent in that it centred on whether the employer's firmness was intended to frustrate agreement. However, what constituted bad faith in the Satori case seems to be the very attitude which was condoned in the American Sanitary Wipers case and one is still unsure of the status given an adamant employer. Thus, while the Board seems to have no problem in reconciling the conflict in the Act in the reasoning it uses, it most certainly has encountered…show more content…
The reason behind this requirement of justification is the difficulty in determining when an employer is attempting to frustrate the bargaining process. The courts' basic fear of empty bargaining was expressed in NLRB v. Reed & Prince Manufacturing Co. the Court held that “the Board is not to be blinded by empty talk; it must take some cognizance of the reasonableness of the positions taken by an employer in the course of bargaining negotiations.” Since there are more than business reasons for refusing a check-off clause and since these other reasons are more difficult to determine, a reasonableness test would seem to be more appropriate. Such a test necessarily requires an inquiry into the subjective intentions of the parties. The Supreme Court has said that for the Court to infer good faith, it must rely on the party’s state of…show more content…
It seems that if an employer would have long ago entered into an agreement had it not been for the impasse as to check-off he is not attempting to frustrate agreement. And if the union is not a fledging one whose existence depends on a check-off provision, the employer certainly cannot be accused of attempting to undermine the

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