discussion. The ALJ and the Board held that this conduct, together with the nature

of Altura’s proposals at the time impasse was declared, evidenced bad faith. The

Board declined to adopt the ALJ’s conclusion that Altura’s unilateral

implementation of contract terms evidenced bad faith. In basing its decision on the

ALJ’s factual findings and these objective factors, the Board properly considered

“the totality of the parties’ conduct.” Sparks Nugget, Inc. v. NLRB, 968 F.2d 991,

994 (9th Cir. 1992) (citation omitted).

2. The Board’s conclusion was supported by substantial evidence. The NLRB

may infer bad faith where an employer’s contract proposals “would exclude the labor

organization from any effective means of participation in important decisions

affecting the terms and conditions of employment of its members.” Frankl v. HTH

Corp., 650 F.3d 1334, 1359 (9th Cir. 2011) (quoting United Contractors Inc., 244

N.L.R.B. 72, 73 (1979), enforced, 631 F.2d 735 (7th Cir. 1980)). Here, Altura’s

proposals granted the company unilateral control over terms and conditions of

employment that had previously been governed by the collective bargaining

agreement, including several categories of benefits. The proposals also allowed

Altura unilateral authority to reassign any and all bargaining-unit work to non-union

3 employees or contractors and excluded the company’s expanded proposed

management rights as well as the benefits no longer covered by the agreement from

the contract’s grievance and arbitration procedures.

The Board’s conclusion that the degree of control Altura sought in these

proposals indicates that Altura “lack[ed] a serious intent to . . . reach an acceptable

common ground,” IATSE Local 15, 957 F.3d at 1016 (alteration omitted) (quoting

Liquor Indus. Bargaining Grp., 333 N.L.R.B. 1219, 1220 (2001)), is a permissible

inference from the record, see Kitsap Tenant Support Servs., Inc., 366 N.L.R.B. No.

98, slip op. at *11 (2018) (citing Regency Serv. Carts, Inc., 345 N.L.R.B. 671, 675,

722 (2005)). This conclusion is further supported by Altura’s expressed goal of

treating bargaining unit employees “equally” with employees who are not union

represented and by its broad new wording for the proposed management-rights

clause, including the reservation of “all rights and authority possessed or exercised

by the Company prior to the certification of the Union.” Considering the totality of

the parties’ conduct, including the contract proposals, substantial evidence supports

the NLRB’s conclusion that Altura failed to bargain in good faith, in violation of §§

8(a)(5) and 8(a)(1) of the National Labor Relations Act. 29 U.S.C. § 158(a).

PETITION DENIED and ORDER ENFORCED.

4