International Chemical Workers Union Council of the United Food & Commercial Workers International and Its Local 1c v. National Labor Relations Board

Petitioner International Chemical Workers Union Council of the United Food and Commercial Workers International and Its Local 1C (“Union”) petitions this court for review of a decision by the National Labor Relations Board (“Board”). This case arises out of events that took place while the Union and American Polystyrene Corporation (“Company”) were in negotiations for a successor collective bargaining agreement. Applying the rule announced by the Supreme Court in NLRB v. Truitt Mfg. Co., 351 U.S. 149 , 76 S.Ct. 753 , 100 L.Ed. 1027 (1956), the Board held that the Company bargained in good faith, even though it refused a request by the Union to turn over its financial documents. Am. Polystyrene Corp., 341 N.L.R.B. No. 67, 200A-2005 NLRB Dec. ¶ 16,656 (Mar. 30, 2004). We hold that substantial evidence does not support the Board’s conclusion that the Company bargained in good faith. The Company clearly asserted an inability to pay that, under Truitt, required it to disclose corroborative documents to the Union. Furthermore the Company never effectively retracted its claim that it could not afford to pay for the Union’s proposals. We have jurisdiction pursuant to 29 U.S.C. § 160 (f),…