National Labor Relations Board v. Mar-Len Cabinets, Inc.

Prior to 1977, respondent Mar-Len Cabinets, Inc. was a non-party signatory to two master collective bargaining agreements between the United Brotherhood of Carpenters and Joiners of America and two employer associations, the first covering employees installing cabinets at various construction jobsites (the “outside agreement”), and the second covering employees manufacturing cabinets at respondent’s shop (the “inside agreement”).

When the master agreements expired, respondent sought to negotiate separate more favorable agreements with the union. The negotiations broke down. • The union brought an unfair labor practice charge alleging respondent had violated § 8(a)(1) & (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) & (5), by instituting unilateral changes in the wages and working conditions of outside employees without first complying with the notice requirements of Section 8(d) of the Act, and by bargaining in bad faith with respect to a new inside agreement.

The National Labor Relations Board found in favor of the union, and now seeks enforcement of its order. We deny enforcement to the extent the order is based on a finding that respondent violated the notice…