National Labor Relations Board v. A-1 King Size Sandwiches, Inc.

The National Labor Relations Board (plaintiff) certified a union to represent employees of A-1 King Size Sandwiches, Inc. (A-1) (defendant). A-1 challenged certification, but the board ordered A-1 to bargain with the union. A-1 met with the union 18 times over 11 months, but no collective-bargaining agreement (CBA) resulted. The parties agreed on a few limited terms like paid leaves of absence and grievance and arbitration procedures, but A-1 insisted on retaining total unilateral control over virtually all significant terms like wages, hiring and firing, discipline, and layoff and recall. A-1 also insisted employees give up rights to bargain or strike, without any incentive. In addition, A-1 refused to give the union any say on mandatory bargaining subjects like safety rules, overtime, transfer, and retirement and wanted key issues exempted from the grievance and arbitration procedures. A-1 gave no legitimate business reason justifying its position and even rejected a clause requiring it simply to comply with federal antidiscrimination laws. When the union objected to proposals giving management such broad power, A-1 responded with even broader proposals. The union filed charges asserting that A-1 engaged in “surface bargaining” without any real intent to enter a CBA. The board agreed, finding A-1 committed unfair labor practices by failing to bargain in good faith. A-1 appealed.