Peerless Roofing Co., Ltd. v. National Labor Relations Board

Peerless Roofing Co., Ltd., petitions for review of an order of the National Labor Relations Board requiring Peerless to contribute sums owing to the Union’s trust fund, to post notices, and to cease and desist from related unfair labor practices. The Board makes cross-application for enforcement. We enforce the Board’s order in full.

I

REFUSAL TO BARGAIN

The Board found that Peerless had committed an unfair labor practice by ceasing to make contributions to union trust funds after its collective bargaining agreement with the Union expired. A new agreement was under negotiation at that time. Peerless contends that its failure to make contributions to the union trust funds beginning in May, 1978, was not an unfair labor practice because the change was reasonably comprehended in the terms of its contract offers to the Union, and was implemented after a valid impasse in negotiations was reached. Because we hold that the change was not reasonably comprehended, we do not reach the question of impasse. NLRB v. Yutana Barge Lines, Inc., 315 F.2d 524, 529-30 (9th Cir. 1963); see also NLRB v. Crompton-Highland Mills, Inc., 337 U.S. 217, 225 , 69 S.Ct. 960, 963 , 93 L.Ed. 1320…