StaffCo of Brooklyn, LLC v. NLRB, No. 16-1311 (D.C. Cir. 2018)Annotate this Case
The DC Circuit denied StaffCo's petition for review of the Board's order finding that it violated section 8(a)(5) and (1) of the National Labor Relations Act by unilaterally discontinuing contributions to a Union pension plan upon the expiration of a collective bargaining agreement. The court rejected StaffCo's defense that the Union expressly waived its right to bargain as to pension contributions, the Union impliedly waived its right to bargain by failing to diligently request bargaining; and it was impossible for StaffCo to continue making contributions because the pension plan would not have accepted the payments. Rather, the court held that the Board's findings were supported by substantial evidence where StaffCo did not deny that by failing to make pension contributions, it failed to meet its status quo obligations.