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United Food & Commercial Workers, Local 150-A v. National Labor Relations Board (Dubuque Packing Co.)

1 F.3d 24 (D.C. Cir.1993)

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United Food & Commercial Workers, Local 150-A v. National Labor Relations Board (Dubuque Packing Co.)

United States Court of Appeals for the District of Columbia Circuit

1 F.3d 24 (D.C. Cir.1993)

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Facts

The United Food and Commercial Workers International Union (plaintiff) represented workers at a Dubuque Packing Company (DPC) (defendant) plant that was losing money. During negotiations over a DPC proposal to move pork-processing operations to another city, DPC proposed a wage freeze to prevent the move. The union rejected the wage freeze because DPC refused to open its books. DPC moved processing operations, cutting jobs in Dubuque. The National Labor Relations Board (NLRB) initially found no duty to bargain over the move, but the appellate court remanded for further findings. Meanwhile, a Supreme Court decision applied a balancing test to find that bargaining was not required over partial closings. On remand, the NLRB adopted a new test guided by that decision, reversed itself and found bargaining required, then ordered backpay. DPC appealed.

Rule of Law

Issue

Holding and Reasoning (Buckley, J.)

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