Garden Ridge Management, Inc.

After General Drivers, Warehousemen and Helpers, Local Union 745 (the union) (plaintiff) was certified as the bargaining representative for Garden Ridge Management, Inc. (Garden Ridge) (defendant), the parties began negotiations. Negotiations lasted over 11 months before a tentative agreement was reached. The record of negotiations showed that even after months of meetings, significant issues remained outstanding. After the final negotiation meeting, a majority of employees signed a petition stating that they did not want the union to represent them. Based on this, Garden Ridge withdrew its recognition of the union. The union filed a charge against Garden Ridge. The judge found that Garden Ridge had violated § 8(a)(5) by surface bargaining, withdrawing recognition of the union, and refusing to meet at reasonable times. Garden Ridge sought review of the judge’s findings by the National Labor Relations Board (NLRB). In support of its argument that Garden Ridge had engaged in surface bargaining, the union introduced evidence that Garden Ridge’s offers included a management-right proposal and that, at one point, Gardens Ridge introduced a broader offer and then withdrew it for a more limited offer. In the more limited offer, Garden Ridge had removed sections that the union had objected to. The union also introduced evidence that during the negotiation it had asked Garden Ridge repeatedly for more frequent meetings because the process was not progressing at a reasonable rate. Garden Ridge refused each time without providing a reason. Finally, the union introduced evidence of statements about deliberately drawing out the negotiation made by management prior to the union being certified.