National Labor Relations Board v. Gimrock Construction, Inc., No. 11-11561 (11th Cir. 2012)
Annotate this CaseThis case arose when Gimrock refused to bargain with the Union and its operating engineers went on strike. The Board found, among other things, that the strike was an economic strike and that Gimrock's refusal to reinstate the strikers violated section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (3). The court concluded that the evidence before the ALJ fully supported the ALJ's recommendation - that the Board award the strikers the sum total stated in the Compliance Specification - and therefore the Board's adoption of the recommendation. The court found merit, though, in Gimrock's argument that only this court had the power to modify its order and, for example, require Gimrock to meet with the Union at set times. Accordingly, the court denied the Board's petition to the extent that it sought enforcement of its order requiring Gimrock to meet with the Union for sixteen hours a week and, in doing so, bargain in good faith. The court enforced the Board's petition regarding the reinstatement and back pay awards.
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