Circuit Judge José Cabranes
Local Union 36 represented Rochester Gas & Electric Corp. employees who formerly permitted to take company-owned vehicles home at night. The National Labor Relations Board found Rochester Gas engaged in unfair labor practices by refusing to bargain over the effects of its decision to discontinue that policy. Both the union and Rochester Gas sought review. Rochester Gas argued the union waived its right to bargain over the effects of the vehicle policy change. The union argued their collective bargaining agreement required Rochester Gas to bargain over the vehicle change policy decision and its effects. Denying both petitions for review, the circuit enforced the NLRB’s order. The agreement allowed Rochester Gas to change employee work practices and to control use of company property. However, although the employees’ use of company vehicles was a condition of employment, Rochester Gas’ right to regulate use of its equipment and property neither explicitly nor implicitly included the right to alter the terms and conditions of employment, even if those terms and conditions related to Rochester Gas’ use of its covered property.