Icwuc

I. Factual Background

The Company manufactures plastics at its Torrance, Cali- fornia facility. During the relevant period, the Union repre- 4858 INT’L CHEMICAL WORKERS UNION v. NLRB sented the Company’s eight-person production and maintenance unit and was party to a 1999-2002 collective bar- gaining agreement covering those employees.

On April 22, 2002, the Company and the Union held their first meeting to negotiate a successor collective-bargaining agreement. Union representative Jeffrey Ferro (“Ferro”) pre- sented the Union’s proposals, which included increases in wages and company contributions to employee 401(k) plans. In response, at the April 23rd bargaining session, Company General Manager Carolyn Tan (“Tan”) proposed smaller wage increases, discontinuation of company 401(k) contribu- tions for an unspecified period, and the elimination of company-provided meals.

At the April 29th bargaining session, the Company pro- posed to discontinue its 401(k) fund matching for one-year. After a discussion of the Company’s counterproposals, Ferro asked if “things were really that bad” that the Company could not continue to match the 401(k) plans, provide meals, or pro- vide…