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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

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Ex-Cell-O

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  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.”

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