Portland Willamette Company v. National Labor Relations Board

OPINION AND ORDER

Petitioner, Portland Willamette Company (Company), seeks to have this court set aside an order of the National Labor Relations Board (Board). The Board has cross-petitioned for enforcement of its order. It found that the Company violated § 8(a)(1) and (3) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (a)(1) and (3). We deny the petition for enforcement and set aside the order of the Board.

FACTS

In April, 1972, the Sheet Metal Workers International Association, Local No. 544, AFL-CIO (Union), was certified by the Board as the bargaining representative of the Company’s production and maintenance employees. During collective bargaining, the Union demanded that any increased wage rates be paid retroactively to the beginning of the month in which negotiations commenced, May, 1972. This demand was reasserted throughout the negotiations.

On August 14th, a strike began and all but one of the 163 employees within the bargaining unit went out on strike. On September 20th, an oral proposal was made by the Company agreeing to retroactive pay increases to cover work performed during the period May 1st to August 14th, providing that the retroactive pay be…