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Labor Law
National Labor Relations Act
Unilateral Changes To Employee Working Conditions

Cytec Process Materials (CA) Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge 725

Published: Sep. 14, 2018 | Result Date: Mar. 27, 2018 |

Case number: 21-CA-187639 Bench Decision –  Charging Party

Judge

John T. Grannopoulos

Court

NLRB


Attorneys

Charging Party

Caren P. Sencer
(Weinberg, Roger & Rosenfeld)


Respondent

David M. Buday
(Miller, Johnson, Snell & Cummiskey PLC)

Gregory P. Ripple
(Miller, Johnson, Snell & Cummiskey PLC )


General Counsel

Thomas H. Rimbach
(National Labor Relations Board)

Ami Virginia Silverman
(National Labor Relations Board)


Facts

Charging party International Association of Machinists & Aerospace Workers, AFL-CIO, and District Lodge 725, filed a charge against respondent Cytec Process Materials (CA) Inc., in relation to changes made to employee working conditions and bargaining with the Union.

Contentions

CHARGING PARTY'S CONTENTIONS: The Union contended that Cytec changed its starting time and that led to changing its lunch and break times. The Union also claimed that Cytec did not allow its employees to leave during breaks. Moreover, the Union alleged that Cytec refused to bargain with them.

RESPONDENT'S CONTENTIONS: Cytec denied the allegations.

Result

The administrative judge found that Cytec violated Section 8(a)(1) and (5) of the Act by changing employee lunch and break times without giving the union an opportunity to bargain over the decision and for prohibiting employees from leaving the premises during their paid rest breaks. The ALJ also found that Cytec refused to meet and bargain with the Union over the terms and conditions of employment in violation of Section 8(a)(1) and (5) of the Act. The court ordered Cytec to cease and desist and to restore the original rest times and allow employees to leave the premises during breaks. Moreover, Cytec was ordered to bargain with the Union in good faith.

Other Information

Consolidated with 21-CA-191718 and 21-CA-196463.


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