Michigan Labor & Employment Law Blog

Why Should the Employer Pay for the Union's Cost to Bargain a Union Contract?

In a new stunning National Labor Relations Board case, the Obama appointed NLRB has gone another step towards removing all rights of businesses to run their business in a profitable and lawful way. In a case called Camelot Terrace, the NLRB enforced by a federal court, held that because in the NLRB's mind the employer "didn't properly" bargain with the union in order to get a fair contract, the employer somehow engaged in "bad faith bargaining." "Bad faith bargaining" has never been an NLRB concept applied to hard bargaining when one or the other side tries as hard as possible, lawfully, to get the best deal for its side of the bargaining table. 

The "normal" remedy for "an employer's" bad faith bargaining is ordering extended bargaining sessions on a stringent, set calendar for bargaining dates, times, and places. Never before has a "remedy" been to order the Employer to pay the Union's costs. Fasten your seat belts! 

Categories: National Labor Relations Board, Union

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