Nat'l Labor Relations Bd. v. Ingredion Inc.

930 F.3d 509 (2019) Court of Appeals of the District of Columbia 2019-07-19

Review of Board direct-dealing and other bargaining violations; selected issue is management solicitation of employee bargaining preferences. (result: claimant-won)

Facts

  1. 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
    Under Board precedent, an employer violates Section 8(a)(1) and (5) of the Act if it "attempt[s] to arm itself for upcoming negotiations" by directly "soliciting the sentiment of the employees on a subject to be discussed at the bargaining table."
  2. 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
    He criticized the work schedules and health insurance benefits provided by the existing CBA and asked what the employees hoped to see in a new agreement.
  3. 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
    They expressed interest in a wage raise of 3 to 3.5 percent, an increased pension multiplier, different work schedules, more vacation days, and health insurance coverage for early retirees.
  4. 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
    Ingredion points to nothing in the record considered as a whole that would cause the court to doubt the reasonableness of the Board's finding.