SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Koch
Nielsen Lithographing Co. v. National Labor Relations Board
Citation:
854 F.2d 1063 (1988)Facts
During labor negotiations with the Graphic Communications International Union, Nielsen Lithographing Company sought to reduce wages and benefits, claiming it needed to bring its labor costs in line with competitors to whom it was losing sales. The company admitted it was profitable but argued that to “survive” and “compete,” it needed wage concessions, stating that “jobs are at stake” if it could not compete. When the union requested access to the company’s financial records to verify these claims, Nielsen refused. The union subsequently went on strike and filed unfair labor practice charges. The NLRB ruled that Nielsen’s statements triggered a duty to disclose financial information under the Truitt doctrine, finding that the company had effectively claimed that wage cuts were necessary for its competitive survival, not merely desirable for increased profits. Nielsen petitioned for review, arguing that the NLRB’s decision conflicted with the Seventh Circuit’s precedent in Harvstone.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.