Pittsburgh-Des Moines Corporation, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

Good Law
663 F.2d 956·109 L.R.R.M. (BNA) 2089·1981 U.S. App. LEXIS 15223
United States Court of Appeals for the Ninth CircuitDecember 14, 198181-7016, 81-7096California1,955 words

Opinion

Opinion

Merrill, J.

Pittsburgh-Des Moines Corporation (the Company) petitions for review of the order and decision of the National Labor Rela tions Board determining that the Company had failed to bargain in good faith with the collective bargaining representative of certain employees in violation of § 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 151 et seq. The Board cross-petitions for enforcement of its order. The Board affirmed factual findings of an administrative law judge from which the following facts appear.

For some time the International Brotherhood of Teamsters, Chauffers, Warehouse-men & Helpers of America (the Union) has represented the Company’s employees in two distinct units under two separate collective bargaining contracts. The latest contracts expired March 31, 1979, at which time the employees in both units went on strike. Prior to that date, the parties had engaged in seven or eight bargaining sessions without reaching an agreement.

On May 17,1979 a bargaining session was held at which the Union was represented by its business representative Richard Parra and the Company by its district manager Floyd Bedwell. The Company proposed two year renewals of the former…

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