Tramont Manufacturing, LLC v. NLRB, No. 17-1147 (D.C. Cir. 2018)
Annotate this CaseThe DC Circuit granted Tramont's petition for review in part, remanding for the Board to provide an explanation of the legal standard it applied when determining which subjects of mandatory bargaining were displaced by a successor's unilaterally imposed employment terms pursuant to National Labor Relations Board v. Burns International Security Services, Inc. The court denied the petition for review in all other respects. In this case, Tramont opted to exercise the right afforded certain successor employers under Burns to unilaterally set the rehired workers' initial terms and conditions of employment pending the negotiation of a new collective bargaining agreement. Tramont set out these initial terms in an employee handbook and argued that the provision in the employee handbook had reserved the company's right to implement layoffs and thus relieved it of its bargaining duty.
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