Duty To Bargain In Good Faith

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

• Nat'l Labor Relations Bd. v. Shannon
  208 F.2d 545· 9th Cir.· 1953-12-14 ·cited 28×
  The court held that the employer's actions, including refusing to recognize prior agreements, unilaterally increasing wages, and insisting on in toto acceptance of its proposal, constituted a refusal to bargain in good faith.
• U.S. Dep't OF Health & Human Servs. v. Fed. Labor Relations Auth.
  844 F.2d 1087· 4th Cir.· 1988-04-19 ·cited 26×
  The court held that the union's proposal to require HHS to make contracting out decisions in accordance with Circular A-76 was not a mandatory subject of bargaining because it encroached on management rights and conflicted with government-wide regulations.
• Glomac Plastics, Inc. v. Nat'l Labor Relations Bd.
  592 F.2d 94· 2d Cir.· 1979-01-24 ·cited 26×
  The court held that substantial evidence supported the Board's finding of bad faith bargaining, but due to significant Board delay, the case is remanded for reconsideration of the remedy.
• Nat'l Labor Relations Bd. v. Pratt & Whitney AIR Craft Div.
  789 F.2d 121· 2d Cir.· 1986-04-25 ·cited 24×
  The court held that the employer violated the NLRA by prohibiting the distribution of 'scab' literature, by failing to provide union with survey results, and by threatening employees with discharge for not calling in during a potential strike. The court affirmed the Board's findi
• E. Me. Med. Ctr. v. Nat'l Labor Relations Bd.
  658 F.2d 1· 1st Cir.· 1981-08-31 ·cited 24×
  The court held that Eastern Maine Medical Center committed unfair labor practices by maintaining an overly broad no-solicitation rule, unlawfully enforcing it in a lobby, interrogating job applicants about union sentiments, withholding a promised wage increase from unionized nurs
• The Procter & Gamble Mfg. Co. v. Nat'l Labor Relations Bd.
  603 F.2d 1310· 8th Cir.· 1979-08-23 ·cited 24×
  An employer violates the National Labor Relations Act by refusing to provide a union with relevant information needed to evaluate grievances, even if the information pertains to a plan not explicitly incorporated into the collective bargaining agreement.
• Nat'l Labor Relations Bd. v. Borden, Inc.
  600 F.2d 313· 1st Cir.· 1979-06-22 ·cited 24×
  The court held that Borden, Inc. violated Section 8(a)(5) and (1) by refusing to provide requested bargaining unit cost information, but remanded the Section 8(a)(3) and (1) vacation pay issue for further assessment of business justification.
• Local 13, Detroit Newspaper Printing & Graphic Commc'ns Union, Int'l Printing & Graphic Commc'ns Union, AFL-CIO v. Nat'l Labor Relations Bd.
  598 F.2d 267· D.C. Cir.· 1979-04-09 ·cited 24×
  The court held that a union's refusal to supply an employer with information regarding the availability of straight-time workers during contract negotiations violates the statutory duty to bargain in good faith, as such information is relevant to meaningful bargaining.
• Nat'l Labor Relations Bd. v. Schill Steel Prods., Inc.
  480 F.2d 586· 5th Cir.· 1973-04-19 ·cited 24×
  The court held that Schill Steel was in civil contempt for violating a prior court order enforcing NLRB decisions, specifically by refusing to sign an agreed-upon contract and engaging in retaliatory actions against employees.
• Nat'l Labor Relations Bd. v. A. E. Nettleton Co.
  241 F.2d 130· 2d Cir.· 1957-01-21 ·cited 24×
  The court held that the Board's findings of unfair labor practices and failure to bargain in good faith were supported by substantial evidence, and procedural objections were not grounds for dismissal or modification.
• Nat'l Labor Relations Bd. v. Se. Rubber MFG. Co., Inc.
  213 F.2d 11· 5th Cir.· 1954-05-20 ·cited 24×
  The court held that the union's request to bargain was clear and unequivocal, and the respondent's subsequent anti-union conduct justified the Board's order to set aside the election and enforce its bargaining order.
• Nat'l Labor Relations Bd. v. Norfolk Shipbuilding & Drydock Corp.
  195 F.2d 632· 4th Cir.· 1952-04-03 ·cited 24×
  The court denied the National Labor Relations Board's motion for an order to show cause why the Respondent should not be held in civil contempt for failing to comply with a prior enforcement decree.
• Nat'l Labor Relations Bd. v. Stafford Trucking, Inc.
  371 F.2d 244· 7th Cir.· 1966-12-27 ·cited 23×
  The court enforced the National Labor Relations Board's order, finding that the employer unlawfully discharged employees for union activity and unilaterally implemented an insurance plan without bargaining with the union.
• Nat'l Labor Relations Bd. v. Burkart Foam, Inc.
  848 F.2d 825· 7th Cir.· 1988-06-14 ·cited 22×
  The court held that the employer committed unfair labor practices by refusing to execute a collective bargaining agreement and by refusing to provide requested employee information to the union.
• Serrano v. Jones & Laughlin Steel Co.
  790 F.2d 1279· 6th Cir.· 1986-05-08 ·cited 22×
  The court held that the memorandum of agreement may entitle plaintiffs to the value of concessions implemented upon the announcement of defendants' intention to rebuild the plant.
• Bankruptcy v. Nat'l Labor Relations Bd.
  709 F.2d 1138· 2d Cir.· 1983-06-01 ·cited 22×
  The dissenting judge argues that the Bankruptcy Trustee did not commit an unfair labor practice by refusing to bargain, as he lacked the authority to do so without prior court approval.
• Nat'l Labor Relations Bd. v. LEE Off. Equip.
  572 F.2d 704· 9th Cir.· 1978-03-30 ·cited 22×
  An employer cannot refuse to bargain with a certified union during the certification year, even if the union has lost employee support or engaged in misconduct, without first seeking relief from the National Labor Relations Board.
• Gen. Steel Prods., Inc. v. Nat'l Labor Relations Bd.
  445 F.2d 1350· 4th Cir.· 1971-07-14 ·cited 22×
  The court held that in a case remanded for findings under a new standard, the Board should consider all relevant evidence, including events occurring after the initial unfair labor practice hearing, to assess the likelihood of future unfair labor practices.
• United Fire Proof Warehouse Co. v. Nat'l Labor Relations Bd.
  356 F.2d 494· 7th Cir.· 1966-02-01 ·cited 22×
  The court held that the National Labor Relations Board's conclusion that the employers' refusal to furnish financial data created a specious impasse was unsupported by substantial evidence.
• Nat'l Labor Relations Bd. v. Am. Creosoting Co., Inc.
  139 F.2d 193· 6th Cir.· 1943-12-04 ·cited 22×
  The court held that while the National Labor Relations Board has broad authority, its order for back pay must be compensatory, not punitive, and account for reduced employment levels. The court amended the order to reflect the trial examiner's more equitable remedy.
• Nat'l Labor Relations Bd. v. Swift & Co.
  127 F.2d 30· 6th Cir.· 1942-04-11 ·cited 22×
  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 disestablishment of an employee association and to bargain was justified.
• Lapham-Hickey Steel Corp. v. Nat'l Labor Relations Bd.
  904 F.2d 1180· 7th Cir.· 1990-06-19 ·cited 20×
  The court held that the National Labor Relations Board's findings that the company failed to bargain in good faith before implementing its final offer and unlawfully refused to reinstate unfair labor practice strikers were supported by substantial evidence.
• THE Idaho Statesman v. Nat'l Labor Relations Bd.
  836 F.2d 1396· D.C. Cir.· 1988-01-22 ·cited 20×
  The court held that the Company unlawfully insisted to impasse on changing employee classifications, as this constituted bargaining over a permissive subject (the scope of the bargaining unit), but that its proposed change to the description of mail room work was a mandatory subj
• Manville Forest Prods. Corp. v. United Paperworkers Int'l Union, AFL-CIO
  831 F.2d 72· 5th Cir.· 1987-10-28 ·cited 20×
  An arbitration award enforcing a collective bargaining agreement provision, even if not explicitly written, draws its essence from the contract if based on past practices and negotiating history, and does not violate public policy.
• Dep't OF Def. v. Fed. Labor Relations Auth.
  685 F.2d 641· D.C. Cir.· 1982-08-06 ·cited 20×
  The court held that the union's bargaining proposals regarding vehicle registration and rationing were not inconsistent with the Status of Forces Agreement (SOFA) and thus were subject to collective bargaining.
• W. Mass. Elec. Co. v. Nat'l Labor Relations Bd.
  589 F.2d 42· 1st Cir.· 1978-12-18 ·cited 20×
  The court held that the employer is not required to furnish a management study to the union, as there is no statutory duty to disclose such documents beyond the duty to bargain in good faith.
• Teleprompter Corp. v. Nat'l Labor Relations Bd.
  570 F.2d 4· 1st Cir.· 1977-12-28 ·cited 20×
  An employer claiming inability to pay wage increases must provide subsidiary-specific profitability data to the union if that data is reasonably necessary for the union to evaluate the claim, even if the claim is based on the parent company's overall financial condition.
• Nat'l Labor Relations Bd. v. Cent. Mach. & Tool Co., Inc.
  429 F.2d 1127· 10th Cir.· 1970-07-15 ·cited 20×
  The court held that insisting on a non-mandatory bargaining subject to impasse constitutes an unfair labor practice and that the Board has the authority to order a party to sign a contract omitting such a clause.
• United Steelworkers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  390 F.2d 846· D.C. Cir.· 1967-12-27 ·cited 20×
  The court held that the National Labor Relations Board's finding that the Company bargained in bad faith on the checkoff issue was supported by substantial evidence and did not violate the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Mayes Bros.
  383 F.2d 242· 5th Cir.· 1967-08-22 ·cited 20×
  Substantial evidence supports the Board's finding that the company failed to bargain in good faith by misleading the union and interfering with employees' rights, but the Board's order was too broad.
• Nat'l Labor Relations Bd. v. Benne Katz
  289 F.2d 700· 2d Cir.· 1961-04-11 ·cited 20×
  The court held that a unilateral wage increase higher than that offered to the union violates § 8(a)(1), and a unilateral change in sick leave policy violates § 8(a)(5).
• OIL, Chem. & Atomic Workers Local Union NO. 6-418, AFL-CIO v. Nat'l Labor Relations Bd.
  711 F.2d 348· D.C. Cir.· 1983-06-30 ·cited 18×
  Employers have a duty to provide unions with relevant health and safety information, even if it includes trade secrets, and must bargain in good faith over the conditions of disclosure for such information.
• Fraser & Johnston Co. v. Nat'l Labor Relations Bd.
  469 F.2d 1259· 9th Cir.· 1972-11-29 ·cited 18×
  The court held that while the company violated labor laws by refusing to bargain in good faith over relocation effects and by unlawfully recognizing and assisting the IBEW, the Board's order requiring recognition of the original unions at the new plant could not be enforced due t
• Am. Seating Co. OF Miss. v. Nat'l Labor Relations Bd.
  424 F.2d 106· 5th Cir.· 1970-04-10 ·cited 18×
  The court held that the Company violated the National Labor Relations Act by failing to bargain in good faith and by refusing to reinstate unfair labor practice strikers, and enforced the NLRB's order.
• Nat'l Labor Relations Bd. v. Tex. Coca-Cola Bottling Co.
  365 F.2d 321· 5th Cir.· 1966-06-27 ·cited 18×
  The court held that substantial evidence on the whole record supported the Board's finding that the respondent failed to bargain in good faith.
• Nat'l Labor Relations Bd. v. The Elec. Furnace Co. & Salem Fabricating & Mach. Co.
  327 F.2d 373· 6th Cir.· 1964-02-11 ·cited 18×
  The court held that the National Labor Relations Board's order should not be enforced because the unfair labor practice charge was barred by the six-month statute of limitations and the company was justified in refusing to bargain after the union's certification year expired due
• Nat'l Labor Relations Bd. v. Grower-Shipper Vegetable Ass'n of Cent. Cal.
  122 F.2d 368· 9th Cir.· 1941-07-21 ·cited 18×
  The court should sustain the Board's finding that the Association's proposal to bargain only for its members constituted a refusal to bargain collectively.
• W. Mass. Elec. Co. v. Nat'l Labor Relations Bd.
  573 F.2d 101· 1st Cir.· 1978-03-23 ·cited 16×
  An employer must disclose subcontracting cost information if it asserts that subcontracting restrictions are uneconomical, but not if the union unilaterally seeks to capture work not currently performed by the bargaining unit.
• TEX TAN Welhausen Co. & Tex Tan W. Leather Co. v. Nat'l Labor Relations Bd.
  434 F.2d 405· 5th Cir.· 1970-11-05 ·cited 16×
• United Steelworkers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  363 F.2d 272· D.C. Cir.· 1966-05-19 ·cited 16×
  The court held that the employer's adamant refusal to consider a union dues check-off, despite having no policy against it and engaging in other payroll deductions, constituted bad-faith bargaining designed to frustrate agreement.
• Fed. Labor Relations Auth. v. Off. OF Pers. Mgmt.
  778 F.2d 844· D.C. Cir.· 1985-12-13 ·cited 14×
  An agency's duty to negotiate on a union proposal is binding even after the collective bargaining agreement expires, and the expiration of the agreement does not render the negotiability appeal moot.
• Orange Cnty. Police Benevolent Ass'n v. City OF Casselberry & Fla. Pub. Emps. Relations Comm'n
  457 So. 2d 1125· Fla. 1st DCA· 1984-10-16 ·cited 14×
  The Orange County Police Benevolent Association challenged the Public Employees Relations Commission's rejection of a hearing officer's finding that the City of Casselberry committed an unfair labor practice by insisting to impasse on excluding discharge and demotion disputes fro
• Graphic Arts Int'l Union v. Nat'l Labor Relations Bd.
  596 F.2d 904· 9th Cir.· 1979-05-14 ·cited 14×
  The court held that the National Labor Relations Board's findings of unfair labor practices against the Union were supported by substantial evidence, and its remedial order was within its discretion.
• Amalgamated Transit Union v. Byrne
  568 F.2d 1025· 3d Cir.· 1977-09-22 ·cited 14×
  The court held that the complaint stated a claim upon which relief could be granted, as state officials' alleged interference with collective bargaining by threatening to withdraw subsidies violated federal labor policy under the NLRA.
• The Conn. Light & Power Co. v. Nat'l Labor Relations Bd.
  476 F.2d 1079· 2d Cir.· 1973-04-06 ·cited 14×
  The court held that the selection of an insurance carrier for an employee medical benefits plan is not a mandatory subject for bargaining when there are no allegations of changes in coverage, benefits, or administration, and the company has negotiated those aspects.
• Nat'l Labor Relations Bd. v. Palomar Corp. & Gateway Serv. Co.
  465 F.2d 731· 5th Cir.· 1972-07-25 ·cited 14×
  The court held that an employer's refusal to provide financial records to substantiate a claim of economic inability to pay existing wage rates constitutes a failure to bargain in good faith, and unilateral wage reductions without a genuine impasse are unlawful.
• Nat'l Labor Relations Bd. v. ST. Louis Cordage Mills
  424 F.2d 976· 8th Cir.· 1970-04-21 ·cited 14×
  The court held that the employer's failure to contribute to the welfare fund did not constitute a unilateral modification of the collective bargaining agreement because the obligation to pay was conditioned on the fund's existence and proper establishment, which was not proven.
• Amalgamated Transit Union Int'l, AFL-CIO v. Donovan
  767 F.2d 939· D.C. Cir.· 1985-07-09 ·cited 13×
  The court held that Section 13(c) of UMTA mandates the continuation of collective bargaining rights, and the Secretary of Labor cannot certify a labor protective agreement that fails to provide for such continuation, even if state law prohibits it.
• Nat'l Labor Relations Bd. v. Me. Caterers, Inc.
  732 F.2d 689· 1st Cir.· 1984-04-10 ·cited 13×
  The court held that the respondents were in civil contempt for violating a prior enforcement decree and adopted the special master's recommendations for purgation and fines.
• Wash. Materials, Inc. v. Nat'l Labor Relations Bd.
  803 F.2d 1333· 4th Cir.· 1986-10-23 ·cited 12×
  The court held that the companies did not violate the Act by refusing to provide financial statements as they did not claim inability to pay, but did violate the Act by refusing to provide information on double-breasted operations. The court also held that the Board erred in orde