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Related Experiment Videos

"Totality"--right or wrong: the totality trilogy.

P C Lederer

    Employee Relations Law Journal
    |January 6, 1982
    PubMed
    Summary
    This summary is machine-generated.

    The National Labor Relations Board inconsistently applies the totality principle, considering all evidence in decisions. This inconsistency is evident in "good faith doubt" cases, employer statements during union elections, and employee discharge cases.

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    Area of Science:

    • Labor Law
    • Legal Decision-Making
    • Evidence Law

    Background:

    • The National Labor Relations Board (NLRB) is tasked with overseeing labor relations in the United States.
    • The principle of totality requires consideration of all relevant evidence in legal decisions.
    • Inconsistent application of legal principles can lead to uncertainty and inequity.

    Purpose of the Study:

    • To examine the inconsistent application of the totality principle by the National Labor Relations Board.
    • To identify specific case types where this inconsistency is most pronounced.
    • To analyze the vacillation in the Board's approach to the totality principle.

    Main Methods:

    • Review of National Labor Relations Board case law.
    • Analysis of decisions in specific categories: "good faith doubt" cases, employer statements during union elections, and employee discharge cases.

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  • Examination of patterns in the application of the totality principle over time.

    • Main Results:

    • The NLRB has applied the totality principle inconsistently across different types of labor cases.
    • Inconsistency is particularly notable in "good faith doubt" cases, employer election-related statements, and employee discharge cases.
    • The Board's application of the totality principle has shown significant vacillation.

    Conclusions:

    • The NLRB's inconsistent use of the totality principle undermines legal predictability.
    • Further examination is needed to understand the factors driving the Board's vacillation.
    • Consistent application of the totality principle is crucial for fair labor dispute resolution.