A Nov. 27, 2012, D.C. Circuit decision weakened the ability of the National Labor Relations Board (NLRB) to force employers to bargain with labor unions, and offered employers a guide to putting the brakes on negotiations, should they so desire.
In Erie Brush & Manufacturing Corp. v. NLRB, Erie was following a 7th Circuit-enforced NLRB order to recognize and negotiate with the Service Employees International Union. The parties agreed to discuss noneconomic issues before economic ones, and it quickly became clear that union security and arbitration of grievances were critical issues on which the parties disagreed.
