SDBC Holdings, Inc. v. National Labor Relations Board (2013)
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Iatse Local 15 v. NLRB (2020)
Nielsen Lithographing Co., 305 N.L.R.B. at 700– 01; SDBC Holdings, Inc. v. NLRB, 711 F.3d 281, 288 (2d Cir. 2013) (“[N]o . . . need for financial information exists where an employer has professed only an unwillingness to meet the union’s demands, as opposed to, expressly or by implication, claiming it cannot do so during the term of the very contract being negotiated.”); Lakeland Bus Lines, Inc. v. NLRB, 347 F.3d 955, 961 (D.C. Cir. 2003) (“[D]ecisions, both from the Board …
“[N]o . . . need for financial information exists where an employer has professed only an unwillingness to meet the union’s demands, as opposed to, expressly or by implication, claiming it cannot do so during the term of the very contract being negotiated.”
Dover’s Obligation To Provide Information Where an employer has asserted an “inability” — as opposed to an unwillingness — ■ to pay union demands, “the union is entitled to receive financial information in order to substantiate the employer’s claims.” Stroehmann Bakeries, Inc. v. NLRB, 95 F.3d 218, 222 (2d Cir.1996); cf. SDBC Holdings, Inc. v. NLRB, 711 F.3d 281, 288 (2d Cir.2013) (contrasting unwillingness to meet union’s demands with professed inability to do so).
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Kreisberg v. Healthbridge Management, LLC (2013)
Where there is a strike for actual unfair labor practices, "the striking employees do not lose their status and are entitled to reinstatement with back pay, even if replacements for them have been made.” Mastro Plastics Corp. v. NLRB, 350 U.S. 270, 278 , 76 S.Ct. 349 , 100 L.Ed. 309 (1956); cf. SDBC Holdings, Inc. v. NLRB, 711 F.3d 281, 295 (2d Cir.2013) (explaining that this protection does not apply where employer did not commit an unfair labor practice). .