This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Labor Law
Collective Bargaining
Unilateral Changes to Agreement

E-Center and Service Employees International Union, Local 1021, CLC

Published: Dec. 13, 2014 | Result Date: Nov. 10, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 20–CA–124323; 20–CA–125698 Bench Decision –  Cease and desist

Court

NLRB


Attorneys

Respondent

Dennis R. Murphy


Facts

The Service Employees International Union Local 1021 CLC filed a complaint against E Center pursuant to the National Labor Relations Act.

Contentions

COMPLAINANT'S CONTENTIONS:
Complainant alleged that respondent violated Section 8(a)(1) and (5) of the Act when it unilaterally altered past practices by increasing the length of spring break closure of its Head Start facilities. Complainant alleged that respondent also violated the Act when it unilaterally changed bargaining unit employees' health benefits. It also violated the Act by refusing and unreasonably delaying in providing information to the Union that would be necessary and relevant to the Union's duty as collective-bargaining representative.

RESPONDENT'S CONTENTIONS:
Respondent denied any wrongdoing.

Result

Administrative Law Judge John J. McCarrick concluded that E Center had violated the Act as the Union had alleged. As a remedy, the judge required E Center to, among others, reimburse certain employees for any excess taxes owed as a result of a lump-sum backpay award. It then ordered E CEnter to, among others, cease and desist from refusing to bargain in good faith with the Union and compensate employees accordingly.


#123978

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390