Duty To Bargain In Good Faith

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

• Bhd. of Ry. & S.S. Clerks v. Atl. Coast Line R. Co.
  201 F.2d 36· 4th Cir.· 1953-01-05 ·cited 8×
  The court held that the railroad failed to fulfill its statutory duty to bargain in good faith with the brotherhood regarding the 850 'white collar' employees, and an injunction should be issued to compel such bargaining.
• Toledo Typographical Union NO. 63 v. Nat'l Labor Relations Bd.
  907 F.2d 1220· D.C. Cir.· 1990-07-17 ·cited 6×
  The court held that an employer's insistence on a collective bargaining agreement clause allowing direct negotiation with employees over retirement incentives, to the exclusion of the union, constitutes an unfair labor practice under § 8(a)(5) of the NLRA.
• Nat'l Labor Relations Bd. v. Local Union 497, Int'l Bhd. OF Elec. Workers, AFL-CIO
  795 F.2d 836· 9th Cir.· 1986-07-28 ·cited 6×
  The court held that a union's refusal to disclose the names and addresses of individuals using its hiring hall to employers, even when relevant to collective bargaining, is an unfair labor practice, as the privacy interests do not outweigh the bargaining needs.
• Am. Fed'n of Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  794 F.2d 1013· 5th Cir.· 1986-07-21 ·cited 6×
  The Federal Labor Relations Authority (FLRA) correctly determined that a union proposal was outside the agency's statutory duty to bargain because it conflicted with a government-wide Office of Personnel Management (OPM) regulation, and the FLRA has no authority to adjudicate the
• Am. Fed'n OF Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  738 F.2d 633· 4th Cir.· 1984-07-12 ·cited 6×
  The court held that the Federal Labor Relations Authority's interpretation of the Act, limiting official time for negotiations to employees within the bargaining unit, was reasonable and not contrary to law.
• Nat'l Labor Relations Bd. v. Sw. Sec. Equip. Corp.
  736 F.2d 1332· 9th Cir.· 1984-07-03 ·cited 6×
  The Board did not act arbitrarily in refusing to consider a late-filed brief that did not meet regulatory requirements for exceptions.
• Apponi v. Sunshine Biscuits, Inc.
  652 F.2d 643· 6th Cir.· 1981-06-24 ·cited 6×
  The court held that allegations of company misrepresentations during contract negotiations raise triable issues of fact regarding waiver and estoppel, requiring reversal of summary judgment on that claim.
• Hosp. & Institutional Workers Local 250 v. Pasatiempo Dev. Corp.
  627 F.2d 1011· 9th Cir.· 1980-09-17 ·cited 6×
  A successor employer is not bound by a predecessor's collective bargaining agreement, including arbitration clauses, unless it expressly or impliedly assumes the agreement.
• City OF Homestead v. Int'l Ass'n OF Firefighters
  291 So. 2d 38· Fla. 3d DCA· 1974-02-19 ·cited 6×
  The City of Homestead and a councilman appealed a trial court order requiring the city to bargain in good faith with a firefighters union and awarding damages. The appellate court affirmed the bargaining order but reversed the personal liability judgment against the councilman, h
• Nat'l Labor Relations Bd. v. Indus. Wire Prods. Corp.
  455 F.2d 673· 9th Cir.· 1972-02-07 ·cited 6×
  The court held that the National Labor Relations Board's finding that the Company violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain in good faith was supported by substantial evidence.
• United Steelworkers OF Am., AFL-CIO v. Nat'l Labor Relations Bd.
  441 F.2d 1005· D.C. Cir.· 1970-12-04 ·cited 6×
  The court held that the Board's action in this case fell on the prohibited side of the line, implying the Board dictated substantive terms of the contract.
• Nat'l Labor Relations Bd. v. B. F. Diamond Constr. Co., Inc.
  410 F.2d 462· 5th Cir.· 1969-04-23 ·cited 6×
  The court held that the Board's findings of the employer's violations of the National Labor Relations Act are supported by substantial evidence, and therefore the Board's bargaining order is enforced.
• Nat'l Labor Relations Bd. v. Call
  393 F.2d 412· 1st Cir.· 1968-04-12 ·cited 6×
  The court held that the National Labor Relations Board's findings that the respondent violated sections 8(a)(5) and (1) of the NLRA by failing to negotiate in good faith and sections 8(a)(3) and (1) by refusing to reinstate strikers were supported by substantial evidence.
• Nat'l Labor Relations Bd. v. Webb Furniture Corp.
  366 F.2d 314· 4th Cir.· 1966-09-12 ·cited 6×
  The court held that the union's concessions were substantial enough to break the bargaining impasse, reviving the employer's duty to bargain in good faith.
• Chicago Tribune Co. v. Nat'l Labor Relations Bd.
  965 F.2d 244· 7th Cir.· 1992-05-29 ·cited 4×
  The court held that the National Labor Relations Board erred in finding that the Chicago Tribune committed unfair labor practices by refusing to provide replacement workers' names and by refusing to sign a collective bargaining agreement with the union.
• SKS DIE Casting & MacHining, Inc. v. Nat'l Labor Relations Bd.
  941 F.2d 984· 9th Cir.· 1991-08-13 ·cited 4×
  The court held that the Union's May 9 letter was an unconditional offer to return to work, but reversed the Board's finding that no strikers had been permanently replaced by that date, remanding for further findings on replacement departures and remedies.
• Nat'l Labor Relations Bd. v. Nat'l Med. Hosp. OF Compton
  907 F.2d 905· 9th Cir.· 1990-07-05 ·cited 4×
  The National Labor Relations Board's order requiring the employer to bargain in good faith and its calculation of the certification year, commencing with the first actual bargaining session, is enforced.
• Hillsborough Cnty. Aviation Auth. & Hillsborough Cnty. Civil Serv. Bd. v. Hillsborough Cnty. Governmental Emps. Ass'n, Inc.
  482 So. 2d 505· Fla. 2d DCA· 1986-01-22 ·cited 4×
  The court reviewed a case where police allegedly failed to take an intoxicated pedestrian into custody, leading to his death, and whether the city was sovereignly immune from suit.
• Gulf States Mfg., Inc. v. Nat'l Labor Relations Bd.
  715 F.2d 1020· 5th Cir.· 1983-09-30 ·cited 4×
  The court clarified that its prior order did not direct the National Labor Relations Board to assume the outcome of bargaining, but rather to determine if the act of bargaining itself would have delayed layoffs.
• Keystone Steel & Wire v. Nat'l Labor Relations Bd.
  606 F.2d 171· 7th Cir.· 1979-09-12 ·cited 4×
  The court held that a change in a company's benefits administrator can be a subject of mandatory collective bargaining if it substantially impacts the terms and conditions of employment, such as by altering the benefits employees receive.
• Nat'l Labor Relations Bd. v. Milgo Indus., Inc.
  567 F.2d 540· 2d Cir.· 1977-12-05 ·cited 4×
  The court held that the employer engaged in bad faith bargaining by unreasonably delaying negotiations and withholding relevant information, warranting enforcement of the NLRB's order.
• Nat'l Labor Relations Bd. v. Imperial Outdoor Advertising
  470 F.2d 484· 8th Cir.· 1972-12-08 ·cited 4×
  The court held that substantial evidence supported the National Labor Relations Board's findings of unfair labor practices and enforced the Board's order.
• H. K. Porter Co., Inc. v. Nat'l Labor Relations Bd.
  414 F.2d 1123· D.C. Cir.· 1969-04-22 ·cited 4×
  The National Labor Relations Board may order a company to grant a checkoff provision as a remedy for repeated violations of the duty to bargain in good faith, especially when the company has no business reason for opposing it and its sole purpose is to frustrate agreement.
• Radisson Plaza Minneapolis v. Nat'l Labor Relations Bd.
  987 F.2d 1376· 8th Cir.· 1993-03-15 ·cited 2×
  The court held that the employer's pattern of dilatory tactics, unilateral changes, refusal to provide information, and obstructionist bargaining tactics constituted bad faith bargaining and unfair labor practices, and that the decertification petition was tainted by these practi
• United States Dep't OF Just. v. Fed. Labor Relations Auth.
  975 F.2d 218· 5th Cir.· 1992-10-20 ·cited 2×
  The court held that the union's proposal for employees to have up to 48 hours to consult with a representative before providing a statement about a shooting incident directly interferes with the agency's management rights to determine internal security practices and assign work,
• W. Coast Sheet Metal, Inc. v. Nat'l Labor Relations Bd.
  938 F.2d 1356· D.C. Cir.· 1991-07-16 ·cited 2×
  The court held that the National Labor Relations Board's (NLRB) Collier Electric doctrine, which allows a union to pursue contractual remedies under an interest arbitration clause against an employer who withdrew from a multiemployer association, is a permissible interpretation o
• The Cincinnati Newspaper Guild, Local 9, The Newspaper Guild, AFL-CIO v. Nat'l Labor Relations Bd.
  938 F.2d 284· D.C. Cir.· 1991-07-12 ·cited 2×
  The court held that the National Labor Relations Board's decision that the employer did not refuse to bargain in good faith by insisting on unilateral control over merit wage increases was supported by substantial evidence and consistent with precedent.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Transportes Aereos Mercantiles PAN Americandos, S.A.
  924 F.2d 1005· 11th Cir.· 1991-02-27 ·cited 2×
  The court held that the Railway Labor Act's duty to bargain in good faith, codified in § 2 First, precludes a carrier from making unilateral changes in working conditions after negotiations have commenced, even without a prior collective bargaining agreement, if there is a histor
• Am. Ry. & Airway Supervisors Ass'n v. SOO Line R.R. Co.
  891 F.2d 675· 8th Cir.· 1989-12-13 ·cited 2×
  The Railway Labor Act (RLA) does not obligate a railroad to participate in national bargaining for health and welfare benefits if national negotiations have not yet commenced; the railroad has a statutory right to select its own bargaining representative and can choose to bargain
• Dep't of the Army v. Fed. Labor Relations Auth.
  890 F.2d 467· D.C. Cir.· 1989-12-01 ·cited 2×
  Union proposals allowing employees to present independent test results to supervisors to refute MRO findings and requiring safeguards for testing personnel qualifications are nonnegotiable. A proposal creating a rebuttable presumption for employee documentation of legitimate drug
• Metco Prods., Inc. v. Nat'l Labor Relations Bd.
  884 F.2d 156· 4th Cir.· 1989-09-05 ·cited 2×
  The court held that Metco's labor negotiator had apparent authority to bind the company to the collective bargaining agreement, and Metco's refusal to execute the agreement constituted an unfair labor practice.
• Nat'l Labor Relations Bd. v. Action Auto., Inc.
  853 F.2d 433· 6th Cir.· 1988-08-02 ·cited 2×
  The court held that an employer's refusal to supply requested employee information to a union violates the National Labor Relations Act, and that employee turnover and operational expansion do not render bargaining units inappropriate absent unusual circumstances not present here
• The E.W. Buschman Co. v. The Nat'l Labor Relations Bd.
  820 F.2d 206· 6th Cir.· 1987-06-05 ·cited 2×
  The court held that the company's offer of confidential financial information conditioned on a confidentiality agreement, without a finding that the conditions were unreasonable or a pretext for refusal to bargain, did not constitute an unfair labor practice.
• Nat'l Labor Relations Bd. v. Pennsylvania Telephone Guild
  799 F.2d 84· 3d Cir.· 1986-08-26 ·cited 2×
  The court held that a union's insistence on tape-recording grievance meetings, even after the employer objected, constituted an unlawful insistence on a nonmandatory subject of bargaining, violating the duty to bargain in good faith under the NLRA.
• Fed. Emps. Metal Trades Council, AFL-CIO v. Fed. Labor Relations Auth.
  778 F.2d 1429· 9th Cir.· 1985-12-20 ·cited 2×
  The court held that the method of distributing paychecks is not a "method or means of performing work" under 5 U.S.C. § 7106(b)(1) and is therefore a negotiable subject of bargaining.
• Ind. AIR Nat'l Guard v. Fed. Labor Relations Auth.
  712 F.2d 1187· 7th Cir.· 1983-07-19 ·cited 2×
  The court held that union proposals providing for binding arbitration of personnel matters listed in 32 U.S.C. § 709(e) are nonnegotiable because they conflict with the National Guard Technicians Act.
• Clearwater Finishing Co. v. Nat'l Labor Relations Bd.
  670 F.2d 464· 4th Cir.· 1982-01-28 ·cited 2×
  The court held that the National Labor Relations Board exceeded its authority by ordering the company to grant a retroactive wage increase, as this constitutes compelling agreement on a mandatory subject of bargaining. However, other findings of unfair labor practices were upheld
• Safeway Trails, Inc. v. Nat'l Labor Relations Bd.
  641 F.2d 930· D.C. Cir.· 1979-09-18 ·cited 2×
  The court affirmed the National Labor Relations Board's finding that Safeway Trails, Inc. violated Section 8(a)(5) of the NLRA by failing to bargain in good faith, and upheld the backpay award.
• Nat'l Labor Relations Bd. v. Int'l Shoe Corp. OF Puerto RICO
  423 F.2d 503· 1st Cir.· 1970-03-11 ·cited 2×
  The court held that the corporation and its president were in civil contempt for defying a prior court order to bargain in good faith with the union.
• Nat'l Labor Relations Bd. v. Satilla Rural Elec. Membership Corp.
  393 F.2d 134· 5th Cir.· 1968-03-06 ·cited 2×
  The respondent is in civil contempt for violating this court's prior order to bargain in good faith, as its refusal to sign an agreement based on doubt of union majority status, despite minimal differences, did not constitute a genuine impasse.
• Citrus Cnty. v. Citrus Cnty. Prof'l Paramedic/EMT
  642 So. 2d 44· Fla. 5th DCA· 1994-08-19
  Citrus County sought review of a Public Employees' Relations Commission (PERC) order staying impasse proceedings pending resolution of an unfair labor practice charge filed by a paramedics union. The court held that while PERC's statutory authority to issue such stays without fol
• Bd. of Cnty. Comm'rs of Jackson Cnty. v. Int'l Union OF Operating Eng'rs
  620 So. 2d 1062· Fla. 1st DCA· 1993-06-22
  The Florida District Court of Appeal reversed the Public Employees Relations Commission's (PERC) finding that Jackson County violated its duty to bargain in good faith by implementing layoffs without following contractual procedures. The court held that the Union waived its right
• United States CAN Co. v. Nat'l Labor Relations Bd.
  984 F.2d 864· 7th Cir.· 1993-01-28
  The court held that U.S. Can's conduct constituted an adoption of the existing master labor agreement, sufficient to enforce the Board's order.
• United Steelworkers OF Am. v. Nat'l Labor Relations Bd.
  983 F.2d 240· D.C. Cir.· 1993-01-12
  The court affirmed the NLRB's decision, holding that the Company did not violate the NLRA by refusing to disclose financial information when it claimed competitive disadvantage rather than inability to pay, and that an impasse in negotiations was supported by substantial evidence
• AMF Bowling Co. v. Nat'l Labor Relations Bd.
  977 F.2d 141· 4th Cir.· 1992-10-05
  The court held that AMF's failure to provide a wage chart did not constitute an unfair labor practice, reversing the NLRB's finding that the subsequent economic impasse was invalid. The court affirmed the NLRB's finding that AMF did not violate the Act by pursuing its unit-work p
• Nat'l Labor Relations Bd. v. Sioux City Stockyards
  901 F.2d 669· 8th Cir.· 1990-04-17
  The court held that the National Labor Relations Board's order requiring Sioux City to provide financial data to the union during collective bargaining is enforceable.
• U.S. Dep't of Just. v. Fed. Labor Relations Auth.
  881 F.2d 636· 9th Cir.· 1989-07-27
  The designation of components of the official uniform is a management right preserved to the employing agency by federal statute, and thus the agency is not required to bargain with the union over this decision.
• Nat'l Labor Relations Bd. v. Hawkins Constr. Co.
  857 F.2d 1224· 8th Cir.· 1988-09-29
  The court held that the National Labor Relations Board improperly rejected the administrative law judge's credibility determinations and that the union's request for information was made in bad faith.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  798 F.2d 113· 5th Cir.· 1986-07-16
  The court held that the Union had constructive notice of the dress code policy more than six months before filing its charge, making the charge untimely.
• Columbus Maint. & Serv. Co., Inc. v. Nat'l Labor Relations Bd.
  758 F.2d 1125· 6th Cir.· 1985-04-03
  The court held that the National Labor Relations Board's order against the company was supported by substantial evidence and granted enforcement.