NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,584, CJC HOLDINGS, INC. and LOCAL 1751, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFL-CIO., (Dec. 16, 1994), National Labor Relations Board, (Dec 16, 1994)

CJC HOLDINGS, INC. and LOCAL 1751, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFL-CIO.

315 NLRB No. 118.Case Nos. 16-CA-15537 and -15650. December 16, 1994 James M. Kennedy, Administrative Law Judge..

Before Stephens, Devaney and Cohen.

Elizabeth Kilpatrick, for General Counsel. Steven L. Rahhal (McFall & Associates), Dallas, Texas, for Respondent. David Van Os and Martha P. Owen (Van Os & Owen), Austin, Texas, for Charging Party.

Bargaining Duty--Good Faith--Midterm Wage Reopener.--By refusing to bargain with a union, pursuant to the terms of a midterm wage reopener clause in a collective bargaining agreement, an employer violated its bargaining duty. Although the employer misread the language of the reopener clause and claimed that as the basis of its refusal to bargain, the union made a timely demand for negotiations under the contract. Further, the employer’s declaration of impasse, after the parties had only met for one session totalling one hour, was improper and violated the employer’s obligation to bargain in good faith. Section 8(a)(5).

Back reference: ¶3085.6402.

Union Right to Information--Fact Finding--Failure to Furnish.--On the facts, by refusing to comply with a union’s proper request to provide it with the names and addresses of bargaining unit employees, their correct hire dates and their wage rates, an employer violated its bargaining duty. Section 8(a)(5).

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.