NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969)[1] was a unanimous United States Supreme Court case clarifying the application of the National Labor Relations Act after the Taft-Hartley Amendments, particularly the application of union authorization cards.
[2] The Taft-Hartley Amendments repealed the provision of the National Labor Relations Act that allowed the NLRB to certify unions without an election.
[3] This doctrine provided a strong incentive for employers to avoid committing unfair labor practices during organizing campaigns.
After the Court abandoned Joy Silk, it announced its new doctrine in Gissel, which hinges on whether employer unfair labor practices make a fair election unlikely or impossible, a more speculative test than the Joy Silk doctrine.
So-called "Gissel" orders are issued when the atmosphere has been so tainted by an employer's unfair labor practices that a fair rerun election is unlikely.