Retlaw Broadcasting Co. v. National Labor Relations Board

Retlaw Broadcasting Company (“Ret-law”) petitions for review of an order of the National Labor Relations Board (“NLRB”) finding that Retlaw committed unfair labor practices in violation of the National Labor Relations Act. The NLRB has filed a cross-application for enforcement of the order. Collective bargaining between Retlaw and the union in this case deadlocked over a provision that Retlaw proposed involving “personal service contracts.” This provision would have allowed Retlaw' to negotiate directly with current and prospective employees on terms and conditions of employment. The principal issue before us is whether this disputed contract term is a mandatory or permissive subject of collective bargaining. *663 Because we hold that the provision here is permissive, Retlaw committed an unfair labor practice when it declared an impasse over this issue and implemented part of its final contract proposal. We also hold that Retlaw’s refusal to produce copies of personal service contracts to the union was an unfair labor practice. Accordingly, we deny Retlaw’s petition for review and grant the NLRB’s cross-application for enforcement.

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Retlaw operates KJEO, a television station in…