Minteq International v. NLRB, No. 16-1276 (D.C. Cir. 2017)Annotate this Case
The court denied Minteq's petition for review and affirmed the Board's finding that the company violated section 8(a)(1) and (5) of the Fair Labor Standards Act, 29 U.S.C. 158(a)(1), (5), by failing to afford the employees' union notice or an opportunity to bargain over Minteq's unilateral implementation of the requirement that new employees sign a Non-Compete and Confidentiality Agreement (NCCA). The court upheld the Board's determination that the implementation of the NCCA was a mandatory subject of bargaining, and that it was unlawful for Minteq to unilaterally implement the entire NCCA. The court also concluded that Minteq may not implement the Interference with Relationships or At-Will Employee provisions— regardless of whether they are covered by the collective bargaining agreement—because those provisions independently violated section 8(a)(1) of the Act.