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Collective Bargaining Agreement

By: Derek Hawkins//May 16, 2016//

Collective Bargaining Agreement

By: Derek Hawkins//May 16, 2016//

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7th Circuit Court of Appeals

Case Name: 15-3675, 15-3859

Case No.: Polycon Industries, Inc., v. National Labor Relations Board

Officials: BAUER, POSNER, and FLAUM, Circuit Judges.

Focus: Collective Bargaining Agreement

Appellant objection to signing collective bargaining agreement was frivolous, therefore NLRB Order directing Appellant to sign is enforced.

“final agreement had been reached, its conduct would have been problematic, because the “withdrawal of a proposal by an employer without good cause is evidence of a lack of good faith bargaining by the employer in violation of Section 8(a) of the Act where the proposal has been tentatively agreed upon or acceptance by the Union appears to be imminent.” Mead Corp. v. NLRB, 697 F.2d 1013, 1022 (11th Cir. 1983); see 29 U.S.C. § 158(a)(5). Mead was an “appears to be imminent” case, and the court upheld the Labor Board’s finding of bad faith. The present case is an even stronger case for the union, since it had accepted Johnson’s proposed change regarding right to work, and with that acceptance union and management had an agreement.”

Order Enforced

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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