United States Second Circuit

Petitions for review of decision of the National Labor Relations Board finding that petitioner had engaged in unfair labor practices when it refused to bargain over the effects of its decision to discontinue its policy of permitting Union members to take company vehicles home at night are denied, and the NLRB order is enforced in its entirety, where: 1) the collective bargaining agreement allowed petitioner to make changes in its employee work practices and to control the use of company property; but 2) those provisions did not clearly and unmistakably allow the petitioner to forgo any negotiation with the Union over the effects of the Vehicle Policy Change, nor did they clearly and unmistakably waive the Union’s right to bargain over the effects of the Vehicle Policy Change; and 3) the NLRB did not abuse its considerable discretion in granting the modified Transmarine remedy awarding back pay to the affected employees for the lost value of no longer being able to use company vehicles after work.

Appellate Information

• Decided 01/17/2013
• Published 01/17/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel