United States Ninth Circuit

Affirmed a preliminary injunction requiring an employer to engage in unconditional bargaining with a union. Under labor law principles, an employer that begins unconditional bargaining with a union cannot then quit when negotiations do not go well. In this case, the employer allegedly did just that. While the employer insisted it had bargained conditionally, rather than unconditionally, to preserve its right to challenge the results of the union election, the Ninth Circuit was not persuaded, and affirmed the grant of a National Labor Relations Board request for an injunction mandating the employer to return to bargaining.

Appellate Information

• Published 2018/07/16

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel