H & D, Inc. v. National Labor Relations Board

Pursuant to 29 U.S.C. §§ 160 (e) and (f), H & D, Inc., has petitioned for review of a National Labor Relations Board decision and order which set aside a favorable decision of an administrative law judge, and found that it had committed an unfair labor practice under section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (5) 1976 by withdrawing from a multiemployer bargaining unit during the course of collective bargaining. The NLRB cross-applies for enforcement of its order requiring H & D, Inc., to resume bargaining with the multiemployer unit. We grant the petitioner’s application for review and direct that the NLRB’s cross-application for enforcement of its order be denied.

BACKGROUND:

H & D, Inc., is a Washington corporation engaged in the manufacture of aluminum doors and windows. For the time period preceding the dispute which gave rise to this case, the Ironworkers Shopmen Local Union No. 506 served as the collective bargaining representative for about one half of H & D’s production employees. As a general practice in prior contract negotiations with the union, H & D would'bargain jointly with two other employers, Bel-Window. and Herzog…