Aaron Brothers Company, a Division of Chromalloy American Corp., Petitioner-Cross v. National Labor Relations Board, Respondent-Cross
Opinion
Opinion
Tang, J.
Aaron Brothers Company seeks review of a National Labor Relations Board decision and the Board seeks to enforce its order. Two issues are raised: (1) whether Aaron Brothers violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (5) (1976), when it instituted a wage increase without first consulting or bargaining with the union representing the company’s employees; and (2) whether Aaron Brothers violated sections 8(a)(1) and (5) by refusing to entertain wage proposals beyond the amount granted by the company’s unilateral wage increase.
I
FACTS
Aaron Brothers is engaged in retail art sales. As part of its business, the company operates a warehouse in California. In 1975, the Teamsters Automotive Workers Union, Local No. 495 (the Union), was certified as the bargaining representative for the warehouse employees. To challenge the certification’s validity, Aaron Brothers refused to bargain with the union; the National Labor Relations Board (the Board) ordered Aaron Brothers to bargain, and this court enforced the order. See Aaron Brothers Corp., 223 N.L.R.B. 1179 (1976), enf’d, 563 F.2d 409 (9th Cir. 1977).