National Labor Relations Board v. Associated General Contractors of California, Inc.

The National Labor Relations Board ordered a multi-employer bargaining agent to furnish a complete roster of its members to two unions. 1 The issue is whether a refusal to disclose the roster was a failure to bargain in good faith. We modify the Board’s order, and enforce it as modified.

I

Associated General Contractors of California (AGC) is a trade association performing various services for its member contractors. Prior to 1971, it had five membership *769 classifications: Regular, Specialty, Joint Venture, Affiliate, and Honorary. Pursuant to AGC’s Bylaws, only the Regular, Specialty, and Joint Venture members conferred authority on AGC to engage in collective bargaining and enter into collective bargaining agreements on their behalf.

In 1971 AGC added an Open Shop classification. Under AGC’s amended Bylaws, a contractor may not be admitted as an Open Shop member if it is subject to any existing collective bargaining agreement. Open Shop members give no collective bargaining authority to AGC.

In 1976 AGC added an Open Shop Specialty classification, under terms similar to those applicable to the Open Shop classification.

The Carpenters’ Union 2 and the Laborers’ Union 3…