Southwest Forest Industries, Inc. v. National Labor Relations Board

Good Law
841 F.2d 270·127 L.R.R.M. (BNA) 2913·1988 U.S. App. LEXIS 2507
United States Court of Appeals for the Ninth CircuitMarch 1, 198886-7137, 86-7177California2,245 words

Opinion

Opinion

Fletcher, J.

Southwest Forest Industries Inc. (Southwest) petitions for review of an unfair labor practice order issued by the National Labor Relations Board (the Board). The Board cross-applies for enforcement of its order. The Board found that Southwest had violated sections 8(a)(1) and (5) of the National Labor Relations Act (the Act), 29 U.S.C. §§ 158 (a)(1) and (5), in unilaterally implementing changes in terms and conditions of employment. The Board ordered the reinstatement of the status quo ante until the parties bargained in good faith to impasse. We enforce the Board’s order.

BACKGROUND

Graphic Communications Union District Council # 1, Local 388 (the Union) and Southwest mutually agreed to extend their collective bargaining agreement beyond its June 15, 1983 termination date, subject to cancellation on 30 days notice by either party. On August 22,1983, the Union notified Southwest that it would terminate the collective bargaining agreement effective September 23. After unsuccessful negotiations in August and September, all employees went out on strike on September 23.

On November 23, Southwest contacted the federal mediator and asked him to arrange a meeting with the Union. The…

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