Financial Institution Employees of America, Local No. 1182 v. National Labor Relations Board

Financial Institution Employees of America, Local No. 1182, chartered by United States Food and Commercial Workers Union, AFL-CIO (the Union) has petitioned for review of a supplemental order of the National Labor Relations Board dismissing the Union’s complaint of alleged violations by the Seattle-First National Bank, Intervenor, of Section 8(a)(5) and (1) of the National Labor Relations Act as amended, 29 U.S.C. § 158 (a)(1) (1982). We deny the petition for review.

I. Prior Proceedings

The initial decision of the Board found that the Bank had violated Section 8(a)(5) and (1) by failing to bargain in good faith and by implementing portions of its last offer before reaching a valid impasse. This court in Seattle First National Bank v. NLRB, 638 F.2d 1221 (9th Cir.1981), found that the Board had improperly relied exclusively on inferences drawn from specific contract proposals. The Court denied enforcement of the Board’s order and remanded to the Board to re-examine the record “to determine whether the record as a whole, including the course of negotiations as well as the contract proposals, supports a finding of bad faith.” The court also directed the Board, if on remand it…