Van Dorn Plastic Machinery Co. V. National Labor Relations Board

The most important issue in this labor case relates to the proper standard for determining whether communications from a union or an employer near the time of a representation election are sufficiently deceptive to require setting the election aside. After much vacillation the National Labor Relations Board (the Board) appears to have settled on a standard, stated in Midland National Life Insurance Co., 263 NLRB No. 24 (1982), as follows: