Knollwood Country Club: Summary of NLRB Decisions for Week of March 6 – 10
Knollwood Country Club (02-CA-150410, et al.; 365 NLRB No. 22) Elmsford, NY, March 08, 2017.
The Board unanimously affirmed the Administrative Law Judge’s conclusions that the Respondent violated: (1) Section 8(a)(5) and (1) by unilaterally changing unit employees’ terms and conditions of employment when it used temporary staffing agency workers to perform unit work; modified the parties’ contract by failing to recall laid-off unit employees by seniority, to deduct and remit union dues, and to contribute to union benefit funds; and by failing to furnish information requested by the Union; and (2) Section 8(a)(1) by threatening to call and calling the police when unit employees came to its facility. The Board unanimously reversed, on due process grounds, several unalleged violations found by the judge. As to the unilateral change issue, the Board stated that it would reach the same conclusion even under the “contract coverage” analysis applied by some United States courts of appeals. A Board majority (Members Pearce and McFerran) rejected the Respondent’s argument that the “contract coverage” standard should govern, while Acting Chairman Miscimarra found it unnecessary to reach his colleagues’ rejection of that standard. As to the midterm contract modification issue, Members Pearce and McFerran found it unnecessary to address the issue of whether Bath Iron Works Corp., 345 NLRB 499 (2005), was correctly decided in light of their conclusion that the Respondent’s conduct violated the Act.
Charges filed by UNITE HERE Local 100. Administrative Law Judge Raymond P. Green issued his decision on June 9, 2016. Acting Chairman Miscimarra and Members Pearce and McFerran participated.