Rock-Tenn Services, Inc. v. National Labor Relations Board

MEMORANDUM

Petitioner/Cross-Respondent Rock-Tenn Services, Inc. (“Rock-Tenn” or “the Company”), petitions for review of an order of the National Labor Relations Board (“the Board”) holding that Rock-Tenn violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 158 (a)(5), (1) in bargaining on the effects of a plant closure. The Board cross-applies for enforcement of its order.

“The [Board’s] order will be enforced if it correctly applied the law and its factual findings are supported by substantial evidence.” Retlaw Broad. Co. v. NLRB, 172 F.3d 660 , 664 (9th Cir.1999); see also 29 U.S.C. § 160 (e); Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951). “On questions of law, we will uphold the NLRB’s decisions related to the NLRA as long as they are reasonably defensible.” NLRB v. Int’l Bhd. of Elec. Workers, Local 18, 345 F.3d 1049, 1054 (9th Cir.2003).

(1) An employer has no duty to bargain with a union over its decision to close its business or a part of its business. An employer does have a duty to bargain in good faith with an incumbent union, however, over the effects of a closure. See First Nat’l…