Delta Sandblasting Co., Inc. v. National Labor Relations Board, No. 18-73097 (9th Cir. 2020)Annotate this Case
The Ninth Circuit denied Delta's petition for review challenging the Board's order ruling that it committed an unfair labor practice when it decreased its employees' hourly pension contribution rate to the Pacific Coast Shipyards Pension Fund without first notifying or bargaining with their union. The panel granted the Board's cross-application for enforcement of its order.
The panel held that the Board properly ruled that the "written agreement" requirement, defining pension contributions, in Section 302(c)(5)(B) of the Labor Management Relations Act (LMRA), was satisfied in this case. The panel explained that substantial evidence supported the Board's finding that Schedule A was incorporated into the collective bargaining agreement (CBA) and that the CBA met Section 302's requirements. The panel also held that the Board properly ruled that Delta's failure to notify or bargain with its union over the pension contribution rate decrease was an unfair labor practice under Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (NLRA).