International Brotherhood of Electrical Workers, Local 21 v. National Labor Relations Board

I

Lucent Technologies (“Lucent”) purchased AG Communications Systems (“AG”) and decided to merge Lucent with AG. International Brotherhood of Electrical Workers, Local 21, AFL-CIO (“Local 21”), which represented the AG telephone equipment installers before the merger, filed charges with the National Labor Relations Board (“the Board”) against Lucent for failure to bargain regarding Lucent’s merger with AG. The ALJ dismissed the complaint but the Board reversed, holding that Lucent was exempted from bargaining over the decision to merge, but should have bargained with Local 21 over the effects of the merger. However, the Board decided not to impose retroactive bargaining or back pay and the remedy given was a cease and desist order and notice-posting requirement. Thinking the remedy inadequate, Local 21 petitions for review, and we deny the petition.

II

Lucent is engaged in the manufacture, installation, and sale of telecommunications equipment and services. AG is a joint venture created by Lucent’s predecessor and a predecessor of Verizon Communications, and is engaged in substantially the same telecommunications business as Lu-cent. The joint venture agreement…