refusal to bargain collectively
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 306 U.S. 292 - National Labor Relations Board v. Columbian Enameling & Stamping Co. · 1939Most cited · 1,976 citing opinions
there can be no breach of the statutory duty by the employer—when he has not refused to receive communications from his employees—without some indication given to him by them or their representatives of their desire or willingness to bargain. In the normal course of transactions between them, willingness of the employees is evidenced by their request, invitation, or expressed desire to bargain, communicated to their employer.
How often courts cite the cases defining “refusal to bargain collectively”
Court decisions citing the 2 opinions that defined “refusal to bargain collectively” — 2,785 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1939–1941
The freedom of the employer to refuse to make an agreement relates to its terms in matters of substance and not, once it is reached, to its expression in a signed contract, the absence of which, as experience has shown, tends to frustrate the end sought by the requirement for collective bargaining. A business man who entered into negotiations with another for an agreement having numerous provisions, with the reservation that he would not reduce it to writing or sign it, could hardly be thought to have bargained in good faith.