Duty To Bargain In Good Faith

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

• Local 259 v. Nat'l Labor Relations Bd.
  776 F.2d 23· 2d Cir.· 1985-10-29 ·cited 12×
  The court held that an employer's unilateral offer of terms substantially different from those offered in negotiations constitutes an unfair labor practice, regardless of good faith.
• Def. Logistics Agency v. Fed. Labor Relations Auth.
  754 F.2d 1003· D.C. Cir.· 1985-02-15 ·cited 12×
  The court held that the Federal Labor Relations Authority has jurisdiction to decide the 'compelling need' issue within an unfair labor practice proceeding when an agency unilaterally changes working conditions via a new rule. However, the case is remanded because the agency lack
• Press Democrat Publ'g Co. v. Nat'l Labor Relations Bd.
  629 F.2d 1320· 9th Cir.· 1980-10-08 ·cited 12×
  The court held that the Board's order to disclose aggregate compensation paid to non-unit correspondents was not sufficiently explained, requiring remand for clarification.
• K-Mart Corp. v. Nat'l Labor Relations Bd.
  626 F.2d 704· 9th Cir.· 1980-08-29 ·cited 12×
  The court held that K-Mart's delay in making offers, its meager wage proposals, and its refusal to supply relevant wage information constituted bad faith surface bargaining and an independent unfair labor practice.
• OIL, Chem. & Atomic Workers, Int'l Union, AFL-CIO v. Nat'l Labor Relations Bd.
  486 F.2d 1266· D.C. Cir.· 1973-09-28 ·cited 12×
  An employer is not obligated to engage in multi-unit bargaining, even if local bargaining on certain issues has been ineffective, as multi-unit bargaining is considered a voluntary subject under the NLRA.
• Waycross Sportswear, Inc. v. Nat'l Labor Relations Bd.
  403 F.2d 832· 5th Cir.· 1968-11-20 ·cited 12×
  An employer violates the National Labor Relations Act by refusing to permit union-selected experts to conduct in-plant time and motion studies, as this constitutes a refusal to bargain in good faith.
• Nat'l Labor Relations Bd. v. Getlan Iron Works, Inc.
  377 F.2d 894· 2d Cir.· 1967-05-23 ·cited 12×
  The court held that there was not substantial evidence to support the Board's finding that the Company refused to bargain in good faith with Local 455 on July 28, but enforced the Board's order regarding the Company's unlawful recognition of Local 42.
• Nat'l Labor Relations Bd. v. Huttig Sash & Door Co.
  362 F.2d 217· 4th Cir.· 1966-05-20 ·cited 12×
  The court denied the Board's petition for rehearing because the issue presented had become academic due to the expiration of the collective bargaining agreement.
• Nat'l Labor Relations Bd. v. Satilla Rural Elec. Membership Corp.
  322 F.2d 251· 5th Cir.· 1963-07-26 ·cited 12×
  The court held that the employer's actions, including withholding scheduled wage increases and posting notices about employee repudiation of the union, provided ample basis for the National Labor Relations Board's finding that the employer failed to bargain in good faith.
• Henry I. Siegel Co., Inc. v. Nat'l Labor Relations Bd.
  340 F.2d 309· 2d Cir.· 1965-01-13 ·cited 11×
  The court held that the union did not waive its complaint regarding the employer's refusal to bargain in good faith by signing a contract without the agreed-upon incentive rate provision, and the issue was not mooted by a new contract.
• Def. Logistics Council of Am. Fed'n of Gov't Emps. Locals v. Fed. Labor Relations Auth.
  810 F.2d 234· D.C. Cir.· 1987-01-27 ·cited 10×
  The court remands to the FLRA to determine if specific procedural subparts of a union proposal prevent the agency from acting at all, applying the 'acting-at-all' standard.
• Holly Sugar Corp. v. Goshen Cnty. Coop. Beet Growers Ass'n
  725 F.2d 564· 10th Cir.· 1984-01-16 ·cited 10×
  The court held that the trial court's findings were inadequate for review on dispositive issues and that the case should be remanded for further proceedings.
• Nat'l Labor Relations Bd. v. Hebert
  696 F.2d 1120· 5th Cir.· 1983-01-31 ·cited 10×
  The dissenting judge would have found that the Union failed to demonstrate the relevance and need for information sought from seven respondents.
• United States AIR Force v. Fed. Labor Relations Auth.
  681 F.2d 466· 6th Cir.· 1982-06-23 ·cited 10×
  The court held that the FLRA's finding of an unfair labor practice was contradictory and not in accordance with law, denying enforcement of its order.
• Seattle-First Nat'l Bank v. Nat'l Labor Relations Bd.
  638 F.2d 1221· 9th Cir.· 1981-02-05 ·cited 10×
  The court held that the Board's finding of bad faith bargaining based solely on contract proposals was insufficient without considering the totality of circumstances, and that the unilateral implementation of the offer required a determination of whether a valid impasse had been
• J. P. Stevens & Co., Inc. v. Nat'l Labor Relations Bd.
  623 F.2d 322· 4th Cir.· 1980-06-11 ·cited 10×
  The court enforced the NLRB's order except for the award of litigation and negotiating expenses, remanding that issue for further consideration due to ambiguity in the Board's reasoning.
• Nat'l Labor Relations Bd. v. Custom Excavating, Inc.
  575 F.2d 102· 7th Cir.· 1978-03-09 ·cited 10×
  An employer violates the National Labor Relations Act by refusing to provide a union with information, such as a customer list, that is potentially relevant and useful for processing a pending grievance.
• The Torrington Co. v. Nat'l Labor Relations Bd.
  545 F.2d 840· 2d Cir.· 1976-12-14 ·cited 10×
  The court held that the employer violated the NLRA by refusing to supply the union with information relevant to administering a collective bargaining agreement. The employer's duty to bargain in good faith includes providing such information.
• Associated Gen. Contractors of Am. v. Nat'l Labor Relations Bd.
  465 F.2d 327· 7th Cir.· 1972-07-17 ·cited 10×
  The court held that a union's insistence on compelling an employer to accept a tripartite tribunal for jurisdictional disputes, where the employer has no representative, violates Section 8(b)(1)(B) of the NLRA. It also found that such insistence, coupled with a fixed and inflexib
• Kayser-Roth Hosiery Co., Inc. v. Nat'l Labor Relations Bd.
  430 F.2d 701· 6th Cir.· 1970-08-17 ·cited 10×
  The court held that substantial evidence supported the National Labor Relations Board's finding that the company failed to bargain in good faith, and that the union's additional claims were without merit.
• Adams Potato Chips, Inc. v. Nat'l Labor Relations Bd.
  430 F.2d 90· 6th Cir.· 1970-08-17 ·cited 10×
• Nat'l Labor Relations Bd. v. Beverage-Air Co.
  402 F.2d 411· 4th Cir.· 1968-09-27 ·cited 10×
  The court enforced the Labor Board's order, finding the company violated the Labor-Management Relations Act by refusing to bargain in good faith and discriminatorily discharging an employee, but denied enforcement of the backpay award for strikers.
• Nat'l Labor Relations Bd. v. Newberry Equip. Co., Inc.
  401 F.2d 604· 8th Cir.· 1968-09-19 ·cited 10×
  The court held that the evidence was not substantial enough to support the National Labor Relations Board's findings that the company engaged in bad faith bargaining or made unilateral changes in violation of the National Labor Relations Act.
• United Furniture Workers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  388 F.2d 880· 4th Cir.· 1967-12-27 ·cited 10×
  The court held that the Union failed to demonstrate a specific need for the company's detailed financial information regarding gross profits and deductions, and therefore the company did not violate the National Labor Relations Act by refusing to provide it.
• Nat'l Labor Relations Bd. v. Kohler Co.
  351 F.2d 798· D.C. Cir.· 1965-09-02 ·cited 10×
  The court held that Kohler violated the Board's reinstatement decree by failing to offer reinstatement to certain 'releasees' and 'retirees' and by offering reinstatement to other strikers under conditions that did not comply with the decree, and remanded for further proceedings
• Nat'l Labor Relations Bd. v. Fant Milling Co.
  258 F.2d 851· 5th Cir.· 1958-08-01 ·cited 10×
  The court held that the Board's finding of a refusal to bargain in good faith was improperly based on matters not included in the original charge filed by the Union.
• Commc'ns Workers OF Am. v. City OF Gainesville
  697 So. 2d 167· Fla. 1st DCA· 1997-06-17 ·cited 9×
  The Florida First District Court of Appeal reversed the Public Employees Relations Commission's (PERC) dismissal of unfair labor practice charges filed by Communications Workers of America against the City of Gainesville. The court held that PERC has jurisdiction to consider char
• Derrico v. Sheehan Emergency Hosp.
  844 F.2d 22· 2d Cir.· 1988-04-05 ·cited 9×
  A state law claim for breach of an implied contract, derived from the terms of an expired collective bargaining agreement, is preempted by the National Labor Relations Act and does not provide a basis for federal question removal.
• Soc. Sec. Admin. v. Fed. Labor Relations Auth.
  956 F.2d 1280· 4th Cir.· 1992-02-25 ·cited 8×
  The Federal Service Labor-Management Relations Statute does not require federal agencies to engage in union-initiated midterm bargaining over issues not addressed by the collective bargaining agreement.
• Gen. Elec. Co. v. Nat'l Labor Relations Bd.
  916 F.2d 1163· 7th Cir.· 1990-10-18 ·cited 8×
  The court held that the National Labor Relations Board erred in finding that G.E. committed an unfair labor practice by refusing to provide subcontracting cost information, as the union's demand was premature and the information was not sufficiently relevant.
• Nat'l Labor Relations Bd. v. Plymouth Stamping Division
  870 F.2d 1112· 6th Cir.· 1989-03-27 ·cited 8×
  The court held that the employer violated the National Labor Relations Act by failing to provide adequate notice and a meaningful opportunity to bargain over its decision to transfer and subcontract its parts assembly operation.
• Nuclear Regulatory Comm'n v. Fed. Labor Relations Auth.
  859 F.2d 302· 4th Cir.· 1988-10-05 ·cited 8×
  The court held that the Nuclear Regulatory Commission (NRC) has a duty to bargain in good faith over a salary proposal from the National Treasury Employees Union (NTEU), as the proposal is not inconsistent with federal law and does not infringe on management's budget rights.
• Wcco Radio, Inc. v. Nat'l Labor Relations Bd.
  844 F.2d 511· 8th Cir.· 1988-04-11 ·cited 8×
  An employer violates the National Labor Relations Act by failing to provide a union with information relevant to collective bargaining, even if some employees prefer confidentiality, unless the employer demonstrates a compelling countervailing reason.
• Nat'l Labor Relations Bd. v. Bartlett-Collins Co.
  639 F.2d 652· 10th Cir.· 1981-01-19 ·cited 8×
  Insisting to impasse on the presence of a court reporter during collective bargaining negotiations is a non-mandatory subject of bargaining and constitutes an unfair labor practice.
• Nat'l Labor Relations Bd. v. Indep. Stave Co.
  591 F.2d 443· 8th Cir.· 1979-01-23 ·cited 8×
  The court held that the employer violated the National Labor Relations Act by demanding an affidavit from the union as a precondition to arbitration, which constituted a unilateral modification of the collective bargaining agreement. The court enforced the National Labor Relation
• Nat'l Labor Relations Bd. v. Empire GAS, Inc.
  566 F.2d 681· 10th Cir.· 1977-12-05 ·cited 8×
  The court held that while Cooper's mailing of letters constituted protected concerted activity, his recommendation of unannounced work stoppages deprived him of affirmative relief.
• Sch. Bd. OF Escambia Cnty. Fla. v. The Pub. Emps. Relations Comm'n & the Escambia Educ. Ass'n
  350 So. 2d 819· Fla. 1st DCA· 1977-10-14 ·cited 8×
  The School Board of Escambia County challenged a Public Employees Relations Commission (PERC) finding that it engaged in unfair labor practices during collective bargaining with the Escambia Education Association, including surface bargaining, photographic surveillance of lawful
• Nat'l Labor Relations Bd. v. Dunkirk Motor INN, Inc.
  524 F.2d 663· 2d Cir.· 1975-10-14 ·cited 8×
  The court held that the Union's offer to waive initiation fees was permissible and that Ruth Hancock's vote should have been counted, thus denying enforcement of the NLRB's order due to premature certification.
• Nat'l Labor Relations Bd. v. Hendel Mfg. Co., Inc.
  523 F.2d 133· 2d Cir.· 1975-09-23 ·cited 8×
  The court held that the employer's unilateral wage revisions constituted a violation of the National Labor Relations Act and warranted a finding of contempt.
• Nat'l Labor Relations Bd. v. Raven Indus., Inc.
  508 F.2d 1289· 8th Cir.· 1974-12-26 ·cited 8×
  The court held that while Raven Industries engaged in unfair labor practices by refusing to sign a collective bargaining agreement, the National Labor Relations Board erred in finding that the parties had agreed to include paid sick leave in the agreement.
• Nat'l Labor Relations Bd. v. Goodyear Aerospace Corp.
  497 F.2d 747· 6th Cir.· 1974-06-04 ·cited 8×
  The court held that Goodyear's refusal to provide financial data to the Union was not an unfair labor practice, but its direct appeal to employees to bypass the Union was a violation of the Act.
• Nat'l Labor Relations Bd. v. Henriksen, Inc.
  481 F.2d 1156· 5th Cir.· 1973-07-10 ·cited 8×
  The court held that the company violated Section 8(a)(1) by threatening employees and coercing them regarding union activities, but refused to enforce the Board's order regarding the discharge of Violet Smith, finding it was not motivated by anti-union animus.
• Nat'l Labor Relations Bd. v. Warehousemen's Union Local 17
  451 F.2d 1240· 9th Cir.· 1971-12-01 ·cited 8×
  The National Labor Relations Board has the authority to order a union to make an employer whole for financial expenditures incurred under a contract that was the product of an unlawful strike and refusal to bargain.
• Wald Mfg. Co., Inc. v. Nat'l Labor Relations Bd.
  426 F.2d 1328· 6th Cir.· 1970-06-03 ·cited 8×
  The court held that substantial evidence supported the National Labor Relations Board's findings that the company violated Sections 8(a)(5) and (1) of the NLRA, despite acknowledging mutual bad faith between the parties.
• Nat'l Labor Relations Bd. v. Ark. Rice Growers Coop. Ass'n
  400 F.2d 565· 8th Cir.· 1968-08-23 ·cited 8×
  The court held that there was substantial evidence to support the National Labor Relations Board's finding that the Company failed to bargain in good faith, warranting enforcement of the Board's order.
• United Steelworkers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  389 F.2d 295· D.C. Cir.· 1967-12-08 ·cited 8×
  The court held that the National Labor Relations Board (NLRB) has broad remedial powers, including the ability to order an employer to grant a checkoff provision as a remedy for persistent bad-faith bargaining, even if it impinges on freedom of contract.
• Nat'l Labor Relations Bd. v. Ohio CAR & Truck Leasing, Inc.
  361 F.2d 404· 6th Cir.· 1966-05-26 ·cited 8×
  The court held that the Respondent violated the Act by refusing to sign an agreement embodying orally agreed-upon terms and by failing to provide financial data to substantiate an inability to pay claim.
• Sylvania Elec. Prods., Inc. v. Nat'l Labor Relations Bd.
  358 F.2d 591· 1st Cir.· 1966-04-05 ·cited 8×
  The court held that an employer may be required to disclose collateral information regarding the cost of proposed welfare improvements if it is necessary for the union to effectively evaluate trade-offs between benefits and wages.
• Nat'l Labor Relations Bd. v. S. Transp., Inc.
  355 F.2d 978· 8th Cir.· 1966-02-01 ·cited 8×
  A party willing to bear the expense may condition future negotiations on the presence of a court reporter to create a binding record, absent a showing of improper purpose.
• Fetzer Television, Inc. v. Nat'l Labor Relations Bd.
  317 F.2d 420· 6th Cir.· 1963-05-13 ·cited 8×
  The court held that the National Labor Relations Board's findings of unfair labor practices were not supported by substantial evidence, and therefore vacated the Board's order.