Nat'l Labor Relations Bd. v. Solutia, Inc., No. 12-1129 (1st Cir. 2012)Annotate this Case
In an effort to reduce costs and achieve greater efficiency, Employer consolidated two lab operations into one, which resulted in a reduction in positions and in a Union losing jurisdiction over lab testing work that its members had previously performed. At issue in this appeal was Employer's obligations under national labor law to bargain with the union representing the affected employees. The National Labor Relations Board found (1) the lab work transfer decision involved a mandatory subject of bargaining so that Employer's refusal to bargain violated the National Labor Relations Act, and (2) the collective bargaining agreement between Employer and Union did not prohibit the work transfer without the Union's consent. The First Circuit Court of Appeals affirmed, (1) holding that the Board made no error of law in reaching its decision; and (2) granting the Board's petition for enforcement of its order requiring Employer to return to the Union certain work that Employer had transferred.