National Labor Relations Board v. Pacific Grinding Wheel Co., Inc., and International Chemical Workers Union, Local 614, Afl-Cio, Intervenor

The National Labor Relations Board is seeking enforcement of its order issued against Pacific Grinding Wheel (the company). The only disputed issue is the Board’s finding that the company violated §§ 8(a)(1) & (5) of the National Labor Relations Act ( 29 U.S.C. §§ 158 (a)(1) & (5)) by failing to bargain in good faith with Local 614 of the International Chemical Worker’s Union (the union). The resolution of this issue requires us to ascertain whether the conclusions of an Administrative Law Judge were improperly rejected by the Board, the extent of the duty of the company to disclose to the opposing party factual information supporting its bargaining position, and the extent to which the substantive content of the company’s bargaining proposals can be used to support a finding of refusal to bargain. We enforce the Board’s order.

I. Facts.

This controversy began when Pacific Grinding Wheel attempted to reopen contract negotiations with the union in September 1973 even though the existing contract ran until May 1974. However, the company failed to notify either the federal or state mediation and conciliation service of its desire to terminate the contract as is required by §…