Walnut Creek Honda Associates 2, Inc. v. National Labor Relations Board

Introduction

This is an appeal from an NLRB decision ordering Walnut Creek Honda (Honda) to restore lost wages and benefits to striking workers. The strike began after negotiations over a collective bargaining agreement (CBA) broke down. The NLRB found that the strikers were protesting Honda’s unfair labor practice of negotiating to impasse over a permissive subject of bargaining, and ordered restoration of their lost wages and benefits. Honda appeals. We affirm.

Background

Honda operates an automobile dealership and service department in Walnut Creek, California. The Machinists Automotive Trades District Lodge No. 190 of Northern California (hereinafter referred to as the Union) represents Honda’s mechanics and parts department employees. The CBA between the Union and Honda was due to expire on June 30,1992.

*647 Honda and the Union met on five occasions in June, 1992, attempting to negotiate a new CBA. At the first meeting on June 8, 1992, Honda informed the Union that the New Car Dealers of Contra Costa (the “Association”), a multi-employer bargaining group, had approved Honda’s application for membership. The Association by-laws provide that every member agrees to give a…