Hardesty Company, Inc. DBA Mid-Continent Concrete

336 N.L.R.B. 258, 308 F.3d 859 (2002)

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Hardesty Company, Inc. DBA Mid-Continent Concrete

National Labor Relations Board
336 N.L.R.B. 258, 308 F.3d 859 (2002)

  • Written by Tammy Boggs, JD

Facts

Hardesty Company, Inc. (Hardesty) (defendant) engaged in negotiations with a labor union (the union) (plaintiff). Hardesty’s initial proposals called for a substantial reduction in employees’ wages and benefits, including eliminating overtime pay that formed a large part of employees’ income, reducing insurance benefits, and eliminating a 401(k) and bonus plan. Additionally, Hardesty proposed progressively worse terms on a vacation policy. Hardesty made a number of unsubstantiated claims during negotiations, including that the bargaining unit was the least profitable one of the company and that Hardesty was considering a company-wide wage cut. Hardesty engaged in unexplained delays during negotiations, and two supervisors made statements to various employees indicating that the company intended to drag out negotiations until the next union vote. Before the National Labor Relations Board (board), the union charged Hardesty with violating the National Labor Relations Act. The judge found that Hardesty engaged in surface bargaining in violation of the act. The board reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (No information provided)

Concurrence (Hurtgen, Member)

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