Johnson-Bateman Co. v. International Association of Machinists
National Labor Relations Board
295 N.L.R.B. 180 (1989)
The collective bargaining agreement (CBA) between Johnson-Bateman Company (defendant) and the International Association of Machinists (plaintiff) contained broad management-rights and zipper clauses. The management-rights clause allowed the company to make new rules unilaterally, reserved the right to discharge employees for cause, and reserved all rights not “specifically and clearly abridged by the [CBA’s] express provision[s].” The zipper clauses waived the right to bargaining over any matter the CBA did not address. In 1983, the parties arbitrated over a new unilateral rule requiring employees to give advance written notice explaining reasons for not working overtime. The arbitrator found the new rule consistent with a reasonable refinement of a CBA provision that said employees would not unreasonably refuse to work overtime. When the company unilaterally adopted a new rule that it could fire employees for drinking alcohol at work, the union did not object. But when the company unilaterally adopted a new rule requiring alcohol and drug testing of employees injured on the job who required medical treatment, the union filed charges with the National Labor Relations Board (NLRB). The union argued the issue required bargaining because the parties never discussed it during CBA negotiations. The company countered that the parties never said the management-rights clause could not be used for such testing and argued the CBA allowed the rule because the discharge clause defined just cause to include alcohol or drug use on the job.
Rule of Law
Holding and Reasoning ()
Dissent (Johansen, Member)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 687,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 687,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 43,000 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.