katz (PowerPoint download)

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					NLRB v. Katz (and following notes)
 • Employer commits a UFLP if it makes a
   unilateral change in a term or condition of
   employment during negotiations
    – Indicates no desire to reach an agreement (8(d))
 • A refusal to bargain in fact
    – no need to find subjective lack of good faith
 • Such unilateral action forecloses discussion
 • TCE may be determined by negotiations through
   the exercise of bargaining power
    – May not be unilaterally determined
 The Government and Economic
• U.S. Chamber of Commerce v. Reich, 1996 (CA DC)
   – 1995 Presidential Executive Order banning government
     contracts for firms that replace strikers unlawful as
     preempted by NLRA
      • 2001 Presidential ex. order requiring federal
        contractors to inform employees about rights to
        decline to pay union dues not in conflict with NLRA
        because no Board decision on the issue (UAW LABOR
         AND EMPLOYMENT TRNG. V. CHAO, CA DC, 4/22/03 (Case No. No. 02-508))

• New York Telephone Case and UI benefits
   – no state conflict with federal law when a state pays
     strikers UI benefits
   – UI traditionally left to states
     Additional Cases in Notes
• Molders
  – Illegal to institute a pre-lockout reduction in
    wages; not a “partial lockout”
  – Comparable to partial strike found unprotected
• Great Falls
  – Legal to recall employees to disqualify them
    from collecting UI

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