K-Mart Corporation v. National Labor Relations Board
Opinion
Opinion
Wright, J.
This case raises the issue: when does an employer cross the line separating tough negotiating from bad faith surface bargaining. Substantial evidence in this record supports the Board’s finding that the employer crossed the line and violated the National Labor Relations Act. We also agree with the finding that the employer refused to supply relevant information. The Board’s order will be enforced.
FACTS
K-Mart, a nationwide chain of retail stores, maintains distribution centers throughout the country. In October, 1976, the Board certified Truckdrivers and Helpers Local 696 (the Union) to represent workers in K-Mart’s center in Lawrence, Kansas. Collective bargaining began in November, 1976, and ended in January, 1978, with no agreement.
The company promised to make its comprehensive wage offer when it received the Union’s fringe benefits proposal on March 1, 1977. The company made an offer on July 27, 1977. The Union asked for the locations of K-Mart’s other distribution centers and the dates and amounts of the latest wage increases at those centers. K-Mart withheld the locations for six months, and never did furnish the wage information.