PPG Industries, Inc. v. NLRB, Board Case No. 33-CB-004317 (reported at 356 NLRB No. 127) (D.C. Circuit decided March 30, 2012).
In an unpublished judgment, the Court held that substantial evidence supported the Board’s dismissal of a complaint alleging that the steelworkers union bargained in bad faith.
The Board found that, despite the union’s claim that it was bargaining “provisionally” to preserve a legal challenge to the timeliness of the employer’s mid-term bargaining proposals, the union “never refused to meet and confer with [the employer,]” and actively participated in “19 negotiating sessions, advancing proposals, and making concessions.” On review, the Court held that those findings “are supported by substantial evidence and are otherwise reasonable.” As the Court observed: “No evidence compels the conclusion that the Union bargained in bad faith, and the Board did not otherwise act unreasonably in reaching its decision.” It therefore denied the employer’s petition for review.