A labor agreement stated that the employer would not subcontract work for the purpose of evading its
A labor agreement stated that the employer would not subcontract work “for the purpose of evading its obligations under the Agreement,” but retained the right to do so provided that it did “not result in the termination or layoff, or the failure to recall from layoff, any permanent employee qualified to do the work.” On several occasions, the union sent letters requesting information about the employer’s use of subcontracting. The union cited its belief that subcontracting by the employer had recently increased and that the failure to hire a replacement for a retired employee might be linked to subcontracting. However, the union had not filed a grievance alleging that the subcontracting provisions of the contract had been violated. The employer repeatedly questioned the relveance of the requested information and never provided it to the union. Did the employer violate the NLRA by failing to provide the requested information?
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An Administrative Law Judge had found that the employer violated the NLRA and specifically its duty …View the full answer
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