Nat'l Labor Relations Bd. v. Galicks, Inc., No. 10-2028 (6th Cir. 2012)
Annotate this CaseDefendant, a sheet metal contractor, was bound by bargaining agreements that required journeymen to perform sheet metal work. A 1996 agreement allowed defendant to use lower-wage production workers for some, but not all, journeymen work; defendant continued to assign journeyman-only work to production employees and his sons. In 2004, defendant laid off three of its four journeymen. In 2005, production employees presented a union-disaffection petition. Defendant withdrew from the association that had served as its bargaining agent and declined to recognize the Union as the journeymen’s representative. The Union petitioned for an election; defendant laid off its last journeymen. After laid-off journeymen voted in favor of the Union, defendant hired a non- journeyman for work restricted to journeymen under the agreements. The Union claimed that defendant was bound and had unlawfully repudiated the agreement. The Board dismissed. The Union filed charges under Sections 8(a)(1), 8(a)(3), and 8(a)(5) of the NLRA, alleging that defendant refused to recall laid-off journeymen because of anti-union animus, unlawfully withdrew recognition from the Union, and refused to provide requested information. An ALJ dismissed the failure-to-recall charge, but concluded that defendant had committed the other violations. The Sixth Circuit affirmed, finding substantial evidence to support the decision.
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