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.”