Duty To Bargain In Good Faith

217 Florida cases classified under this topic · sorted by citation count · browse and sort

• The Laidlaw Corp. v. Nat'l Labor Relations Bd.
  414 F.2d 99· 7th Cir.· 1969-07-28 ·cited 126×
  The court held that economic strikers who unconditionally apply for reinstatement remain employees entitled to full reinstatement upon the departure of permanent replacements, unless the employer shows legitimate and substantial business reasons for refusal. The court also affirm
• Nat'l Labor Relations Bd. v. Draper Corp.
  145 F.2d 199· 4th Cir.· 1944-10-06 ·cited 94×
  A "wild cat" strike by a minority of employees, in violation of the collective bargaining process and the authority of the duly chosen bargaining agent, is not protected concerted activity under the National Labor Relations Act, and the employer is justified in discharging such e
• Lodges 743 & 1746, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. United Aircraft Corp.
  534 F.2d 422· 2d Cir.· 1975-09-09 ·cited 84×
  The court affirmed the district court's findings that the Company did not breach the strike settlement agreements by depressing work complements, as the evidence showed legitimate business justifications for reduced staffing and the agreements did not mandate restoration of pre-s
• Nat'l Labor Relations Bd. v. Jacobs MFG. Co.
  196 F.2d 680· 2d Cir.· 1952-05-09 ·cited 74×
  The court held that an employer violates the National Labor Relations Act by refusing to bargain in good faith, which includes refusing to discuss subjects not explicitly excluded by a contract's reopening clause and failing to substantiate financial claims.
• Nat'l Labor Relations Bd. v. United Brass Works, Inc.
  287 F.2d 689· 4th Cir.· 1961-02-25 ·cited 70×
  Enforcement of the National Labor Relations Board's order is denied because the company had substantial, non-discriminatory reasons for discharging an employee, and therefore, striking employees were not entitled to reinstatement, and the company did not violate its duty to barga
• Bhd. OF Locomotive Eng'rs v. The Atchison
  768 F.2d 914· 7th Cir.· 1985-07-26 ·cited 66×
  The court held that the arbitration panel did not exceed its jurisdiction by interpreting the collective bargaining agreements, even if its interpretation was arguably incorrect. The dispute was a minor dispute under the Railway Labor Act.
• Nat'l Labor Relations Bd. v. Yawman & Erbe MFG. Co.
  187 F.2d 947· 2d Cir.· 1951-03-28 ·cited 66×
  An employer must furnish a union with current wage data of employees in the bargaining unit when requested during contract negotiations, as this information is relevant to the duty to bargain in good faith.
• Nat'l Labor Relations Bd. v. Pac. Grinding Wheel Co., Inc.
  572 F.2d 1343· 9th Cir.· 1978-04-04 ·cited 64×
  The court held that the company violated the National Labor Relations Act by failing to bargain in good faith, and enforced the NLRB's order.
• Nat'l Labor Relations Bd. v. Philamon Labs., Inc.
  298 F.2d 176· 2d Cir.· 1962-01-17 ·cited 62×
  The court held that the National Labor Relations Board's findings of unfair labor practices were supported by substantial evidence and that its order for the employer to recognize and bargain with the union was appropriate.
• Nat'l Labor Relations Bd. v. Gen. Elec. Co.
  418 F.2d 736· 2d Cir.· 1969-10-28 ·cited 58×
  A company's publicity to employees that it believes in firmness for firmness' sake, rather than for substantive reasons, can constitute bad faith bargaining.
• The Philip Carey Mfg. Co. v. Nat'l Labor Relations Bd.
  331 F.2d 720· 6th Cir.· 1964-03-31 ·cited 58×
  The dissenting judge would hold that charges based on the December 28, 1960 unfair labor practice are barred by the six-month statute of limitations under Section 10(b) of the Act.
• The Prudential Ins. Co. OF Am. v. Nat'l Labor Relations Bd.
  412 F.2d 77· 2d Cir.· 1969-05-02 ·cited 54×
  The dissenting judge believes the Board's order requiring Prudential to provide a list of agents' names and addresses to the Union is not supported by substantial evidence and should be remanded for further explanation.
• Nat'l Labor Relations Bd. v. BIG Three Indus., Inc.
  497 F.2d 43· 5th Cir.· 1974-07-10 ·cited 52×
  The court held that the employer's conduct constituted an unlawful refusal to bargain in good faith and that the discharge of an employee, despite cause, was motivated by anti-union animus, and affirmed the dismissal of a decertification petition filed during an insulated bargain
• Nat'l Labor Relations Bd. v. J. P. Stevens & Co., Inc.
  538 F.2d 1152· 5th Cir.· 1976-09-20 ·cited 50×
  The court held that J. P. Stevens Company was in civil contempt for failing to bargain in good faith by making unilateral changes, delaying information, and refusing to bargain on union dues checkoff.
• Nat'l Labor Relations Bd. v. Dothan Eagle, Inc.
  434 F.2d 93· 5th Cir.· 1970-11-02 ·cited 48×
  The court held that withholding established progression wage increases from unionized employees while granting them to non-unionized employees during a union campaign and subsequent bargaining period constitutes an unfair labor practice under § 8(a)(1) and § 8(a)(5) of the Nation
• Nat'l Labor Relations Bd. v. Triumph Curing Ctr. & M. F. Lee
  571 F.2d 462· 9th Cir.· 1978-03-02 ·cited 46×
  The court should remand the issue of the bargaining order to the Board for findings on union violence and its coercive effect on employees' free choice.
• Nat'l Labor Relations Bd. v. H. E. Fletcher Co.
  298 F.2d 594· 1st Cir.· 1962-01-24 ·cited 46×
  The court held that the Board's finding of refusal to bargain on wages was not supported by substantial evidence, and enforcement of the order based on a violation not alleged in the complaint and not litigated was denied due to procedural due process concerns.
• Nat'l Labor Relations Bd. v. Associated Gen. Contractors OF Cal., Inc.
  633 F.2d 766· 9th Cir.· 1980-10-16 ·cited 42×
  The court held that an employer's refusal to provide a roster of its Open Shop and Open Shop Specialty members to unions constituted a failure to bargain in good faith, as the information was relevant to the unions' contract administration duties.
• Queen Mary Rests. Corp. & Q. M. Foods, Inc. v. Nat'l Labor Relations Bd.
  560 F.2d 403· 9th Cir.· 1977-09-02 ·cited 42×
  The court held that the National Labor Relations Board's findings that the Company refused to bargain in good faith, threatened unfair-labor-practice strikers with permanent replacement, and refused to reinstate them were supported by substantial evidence and must be enforced.
• Lozano Enters. v. Nat'l Labor Relations Bd.
  327 F.2d 814· 9th Cir.· 1964-02-14 ·cited 42×
  The court held that an employer's technical arguments regarding contract law do not excuse a violation of the duty to bargain in good faith under the Labor-Management Relations Act when the employer stalls and misrepresents its intent to execute a collective bargaining agreement.
• Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth.
  834 F.2d 191· D.C. Cir.· 1987-12-04 ·cited 40×
  The court held that the union's position on appeal was different from the position advanced before the agency, thus precluding the appellate argument.
• United Aircraft Corp. v. Nat'l Labor Relations Bd.
  434 F.2d 1198· 2d Cir.· 1970-11-16 ·cited 40×
  The court held that an employer violated the National Labor Relations Act by refusing to provide unions with a list of employee names and addresses, as this information is necessary and relevant for the unions' performance of their duties.
• Nat'l Labor Relations Bd. v. Patent Trader, Inc.
  426 F.2d 791· 2d Cir.· 1970-05-25 ·cited 40×
  The court held that a bargaining order should be enforced without conditioning it on a second election, even if employees have repudiated the union.
• Sign & Pictorial Union Local 1175, Bhd. OF Painters, Decorators & Paperhangers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  419 F.2d 726· D.C. Cir.· 1969-09-23 ·cited 40×
  The court held that the National Labor Relations Board properly refused to find the Company bargained in bad faith, as substantial evidence supported the Board's conclusions regarding both pre-strike and post-strike conduct.
• Nat'l Labor Relations Bd. v. John S. Swift Co., Inc.
  277 F.2d 641· 7th Cir.· 1960-05-02 ·cited 40×
  The court held that the employer violated the NLRA by refusing to provide wage and classification data and health plan cost breakdowns to the union, and by discharging employees for refusing to cross a picket line protesting lawful discharges. However, the court found insufficien
• Am. Distrib. Co., Inc. v. Nat'l Labor Relations Bd.
  715 F.2d 446· 9th Cir.· 1983-09-06 ·cited 38×
  The court held that an employer commits an unfair labor practice by unilaterally discontinuing pension trust fund contributions upon expiration of a collective bargaining agreement, and that the employer's defenses of waiver, LMRA section 302, and statute of limitations lacked me
• Nat'l Labor Relations Bd. v. Patent Trader, Inc.
  415 F.2d 190· 2d Cir.· 1969-07-29 ·cited 38×
  The court should enforce the Board's order requiring the Company to bargain with the Union, as the Company's refusal to bargain in good faith after a valid election undermines the National Labor Relations Act.
• Houchens Mkt. OF Elizabethtown, Inc. v. Nat'l Labor Relations Bd.
  375 F.2d 208· 6th Cir.· 1967-03-24 ·cited 38×
  The court held that an employer's insistence on employee ratification of a collective bargaining agreement, after all other terms were agreed upon, constitutes an unfair labor practice under the National Labor Relations Act.
• White v. Nat'l Labor Relations Bd.
  255 F.2d 564· 5th Cir.· 1958-04-23 ·cited 38×
  The court held that the Board's conclusion that the company failed to bargain in good faith was supported by substantial evidence and had a rational basis.
• Nat'l Labor Relations Bd. v. Fla. Citrus Canners Coop.
  288 F.2d 630· 5th Cir.· 1961-03-27 ·cited 36×
  The court held that the employer did not refuse to bargain in good faith and was not required to continue bargaining with a union that had lost its majority status, especially when the loss was not attributable to unfair labor practices.
• AIR Line Pilots Ass'n v. United AIR Lines, Inc.
  802 F.2d 886· 7th Cir.· 1986-09-29 ·cited 35×
  The court held that United's rebid procedures and hiring of permanent replacement pilots were lawful under the Railway Labor Act, but its treatment of the Group of 500 trainees violated the Act.
• Nat'l Labor Relations Bd. v. W. Coast Casket Co., Inc.
  469 F.2d 871· 9th Cir.· 1972-11-17 ·cited 34×
  The court held that the company's sale of assets did not render the NLRB order moot and that the company failed to provide reasonable grounds for not presenting supervisor testimony earlier. However, the court found insufficient evidence to support the Board's finding of a sectio
• Sweeney & Co., Inc. v. Nat'l Labor Relations Bd.
  437 F.2d 1127· 5th Cir.· 1971-01-25 ·cited 34×
  The court held that the Board's finding that employee Hodges was a supervisor lacked substantial evidence, and thus his statements were not attributable to management. The court also found substantial evidence supported the Board's findings of unlawful interrogation and implied p
• Sinclair Ref. Co. v. Nat'l Labor Relations Bd.
  306 F.2d 569· 5th Cir.· 1962-07-26 ·cited 34×
  The National Labor Relations Board may not use its coercive sanctions to compel an employer to produce data for use in a grievance arbitration proceeding when determining the relevance of that data requires adjudicating the substantive issue of the grievance itself.
• Nat'l Labor Relations Bd. v. Dalton Brick & Tile Corp.
  301 F.2d 886· 5th Cir.· 1962-04-13 ·cited 34×
  An employer may lawfully use a lockout as an economic weapon during collective bargaining negotiations, provided it does not violate specific provisions of the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Harvstone Mfg. Corp.
  785 F.2d 570· 7th Cir.· 1986-03-06 ·cited 32×
  The court held that the employers' statements, taken in context, could reasonably lead the union to believe they were claiming financial inability to pay, thus triggering an obligation to substantiate their claims.
• Carpenter Sprinkler Corp. v. Nat'l Labor Relations Bd.
  605 F.2d 60· 2d Cir.· 1979-08-17 ·cited 32×
  The court held that the Board's finding of an unfair labor practice was unfair and unsupported by evidence, and that a tape recording impeaching a union representative should be admissible.
• Nat'l Labor Relations Bd. v. Holmes Tuttle Broadway Ford, Inc.
  465 F.2d 717· 9th Cir.· 1972-08-03 ·cited 32×
  The court held that the employer's insistence on a short contract termination date and its claims of union majority doubt constituted bad faith bargaining, not permissible hard bargaining.
• Nat'l Labor Relations Bd. v. Wis. Aluminum Foundry Co., Inc.
  440 F.2d 393· 7th Cir.· 1971-02-19 ·cited 32×
  The dissenting judge believes the majority erred in finding an unfair labor practice regarding the Christmas bonus, asserting the bonus was bargained away.
• The Fafnir Bearing Co. v. Nat'l Labor Relations Bd.
  362 F.2d 716· 2d Cir.· 1966-06-17 ·cited 32×
  The court held that an employer violates the NLRA's good faith bargaining duty by refusing a union's request to conduct independent time studies when necessary to evaluate disputed piece rates.
• Nat'l Labor Relations Bd. v. W. Wirebound BOX Co.
  356 F.2d 88· 9th Cir.· 1966-01-19 ·cited 32×
  The court held that an employer's refusal to provide substantiating data for a claim of competitive disadvantage, when requested by the union, constitutes a failure to bargain in good faith under the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Southland Cork Co.
  342 F.2d 702· 4th Cir.· 1965-03-01 ·cited 32×
  The court held that the employer's persistent delays in bargaining, refusal to provide financial information, attempts to alter the bargaining unit, and refusal to meet during pending charges constituted unfair labor practices, and that these, along with the immediate cause of th
• Nat'l Labor Relations Bd. v. David Buttrick Co.
  399 F.2d 505· 1st Cir.· 1968-08-22 ·cited 31×
  The court held that the employer failed to demonstrate a clear and present danger of conflict of interest that would disqualify the union from representing employees, and thus the NLRB's order to bargain should be enforced.
• Nat'l Labor Relations Bd. v. Columbia Tribune Publ'g Co.
  495 F.2d 1384· 8th Cir.· 1974-04-22 ·cited 30×
  The court held that the company violated the National Labor Relations Act by failing to bargain in good faith over the effects of technological change and by refusing to reinstate unfair labor practice strikers. However, the court modified the Board's remedy regarding reinstateme
• Nat'l Labor Relations Bd. v. Burnett Constr. Co.
  350 F.2d 57· 10th Cir.· 1965-08-06 ·cited 30×
  The court held that the employer committed an unfair labor practice by refusing to bargain and that the Board properly asserted jurisdiction and extended the certification year.
• Taylor Forge & Pipe Works v. Nat'l Labor Relations Bd.
  234 F.2d 227· 7th Cir.· 1956-06-06 ·cited 30×
  An employer's refusal to provide a union with job point rating data, used to determine employee pay rates, constitutes a refusal to bargain in violation of the Act, even if the data involves subjective judgment.
• Rozay's Transfer v. Local Freight Drivers
  850 F.2d 1321· 9th Cir.· 1988-06-24 ·cited 28×
  The court held that the district court had jurisdiction under LMRA § 301 to hear a claim of fraudulent inducement in the formation of a collective bargaining agreement, and that the employer's reliance on the union's misrepresentation was reasonable.
• Int'l Union v. Nat'l Labor Relations Bd.
  455 F.2d 1357· D.C. Cir.· 1971-12-17 ·cited 28×
  The court affirmed the NLRB's findings that the company violated the National Labor Relations Act by supporting an anti-union committee, refusing to bargain in good faith, unilaterally changing terms of employment, and engaging in surveillance and threats against employees.
• Nat'l Labor Relations Bd. v. George E. Light Boat Storage, Inc.
  373 F.2d 762· 5th Cir.· 1967-02-28 ·cited 28×
  The court held that the National Labor Relations Board has the authority to order an employer to remedy unfair labor practices by making payments according to contract terms, but such obligations are limited to the contract's expiration date.
• Int'l Woodworkers OF Am., Local Unions 6-7 & 6-122, AFL-CIO v. Nat'l Labor Relations Bd.
  263 F.2d 483· D.C. Cir.· 1959-01-29 ·cited 28×
  The court held that employers are required to provide wage information but not necessarily production and sales information to unions for collective bargaining. The court also affirmed the Board's finding that employers were justified in refusing reinstatement to employees discha