When Hostess was unable to reach a labor agreement with union leaders, the company found itself in bankruptcy court.
When Erie Brush & Manufacturing failed to reach an agreement with its union reps, it found itself before the National Labor Relations Board on unfair labor practice charges.
An NLRB Administrative Law Judge Board concluded that Erie had violated the National Labor Relations Act by refusing to bargain with the Union over an approximately six-week period in 2006. The ALJ held that this refusal to bargain tainted a union decertification petition, so that Erie's withdrawal of recognition of the Union also violated the Act.
This week, the D.C. Circuit Court of Appeals reversed that decision.