International Ass'n of Machinists & Aerospace Workers, Local Lodge 845 v. National Labor Relations Board

MEMORANDUM **

In 2002, an administrative law judge (“ALJ”) issued a so-called Gissel bargaining order that required an employer, Desert Toyota, to begin bargaining with a union. See NLRB v. Gissel Packing Co., 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969). The ALJ issued this unusual remedy after finding that on several occasions Desert Toyota had violated the National Labor Relations Act, 29 U.S.C. §§ 151-169 (“NLRA”). The ALJ decided that these unfair labor practices (“ULPs”) made the chances slight that the union could hold a fair election. Desert Toyota sought National Labor Relations Board (“NLRB” or “Board”) review by filing exceptions to the ALJ’s bargaining order. Three more ALJ decisions and a district court injunction followed.

On review, the NLRB, with one of the three panel members dissenting, disagreed with the ALJ bargaining order decision, holding that “the coercive effects of the Respondent’s unlawful conduct can be alleviated by the use of the Board’s traditional remedies.” TWest Sales & Service, Inc. d/b/a Desert Toyota & Int’l Ass’n of Machinists & Aerospace Workers, Local Lodge 744, AFL-CIO, 346 NLRB No. 3 at * 1 (2005) (“DeseR Toyota I ”). Such…