NLRB General Counsel Seeks Tougher Remedies in First Contract Bargaining Cases

Source: Ellen Dannin and Anne Lofaso, Labor Law Journal, Vol. 58 no. 3, Fall 2007

Following an interview conducted by CCH with NLRB General Counsel Ronald Meisburg on a remedies initiative in first contract bargaining cases, Ellen Dannin, Professor of Law, Penn State Dickinson School of Law and Anne M. Lofaso, Associate Professor of Law, West Virginia University College of Law commented on the initiative.

Ensuring employee free choice is a high priority for National Labor Relations Board General Counsel Ronald Meisburg. That means focusing on the need for success in first contract bargaining. Concerned by statistics and anecdotal evidence showing that about half of all refusal to bargain charges are filed during first contract bargaining and that the merit rate for those charges is higher than the merit rate in all other types of unfair labor practice charges, Meisburg has instructed the Regions to seek the following additional remedies on a regular basis in cases where bad faith bargaining tactics or other violations substantially delay or hinder negotiations in first contract bargaining cases: requiring bargaining on a prescribed or compressed schedules, such as is granted in contempt situations; periodic reports on bargaining status; minimum six-month extension of the certification year; reimbursement of bargaining costs.

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