Shaw's Supermarkets, Inc. v. National Labor Relations Board
United States Court of Appeals for the First Circuit
884 F.2d 34 (1989)
Relevant factsFree
During a union organizing campaign, a Shaw's (defendant) vice president told employees that if a union formed, collective bargaining would "begin from scratch" with only guaranteed minimums; the NLRB (plaintiff) found this a threat of reprisal, despite many prior board decisions holding similar "bargaining from scratch" statements were not threats absent additional context, without explaining its departure from that precedent.
IssueFree
Whether, if a federal agency departs from its own precedent, the departure must be reasonable, and the agency must clearly set forth the grounds for such departure.
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