NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,467, ORTHODOX JEWISH HOME FOR THE AGED and DISTRICT 1199 WV/KY/OH, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO-CLC., (Aug. 31, 1994), National Labor Relations Board, (Aug 31, 1994)

ORTHODOX JEWISH HOME FOR THE AGED and DISTRICT 1199 WV/KY/OH, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO-CLC.

314 NLRB No. 166.Case Nos. 9-CA-30478 and -30770. August 31, 1994 Robert T. Wallace, Administrative Law Judge..

Before Gould, Browning and Cohen.

Carol Shore, for General Counsel. J. Alan Lips and Michael Lueder (Taft, Stettinius & Hollister), Cincinnati, Ohio, for Respondent.

Union Right to Information--Failure to Furnish--Relevance of Data Demonstrated.--An employer violated its bargaining duty by failing and refusing to provide requested information concerning the setting of its rates to a union upon demand. The information request was relevant to the union’s obligation to properly represent its members because the data asked for was specific and directly related to a bargaining issue. Section 8(a)(5).

Back reference: ¶3135.138.

Refusal to Reinstate--Unconditional Application--Unfair Labor Practice Strike.--By refusing to immediately reinstate unfair labor practice strikers who had made an unconditional application to return to work following a strike, an employer discriminated against them. Although the employer treated the strike as an economic strike, in reality it was an unfair labor practice strike because the employer violated its bargaining duty to the union by refusing to furnish relevant bargaining information. Section 8(a)(3).

Back reference: ¶4035.4402.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [1] and conclusions and to adopt the recommended Order as modified. [2]