FirstEnergy Generation, LLC v. National Labor Relations Board

The union accused the employer, which operates coal-fired power generation facilities in Ohio and Pennsylvania, of implementing terms and conditions of employment that were inconsistent with the employer’s final impasse offer during collective bargaining negotiations and of unilaterally subcontracting out periodic maintenance work historically performed by union employees. The National Labor Relations Board affirmed an administrative law judge’s findings in favor of the union on both charges. The Sixth Circuit affirmed that the employer violated Section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158 (a)(5), (a)(1), when, after impasse, it selectively implemented certain pre-impasse bargaining proposals that were inextricably linked to other proposals not imposed. The court reversed with respect to subcontracting the turbine/generator outage work without first bargaining with the union. The decision to subcontract a planned project involving the shutdown and maintenance of one of its turbine-generator units is properly characterized as a business management decision, driven by the employer's responsibility to keep its generating units in working order, while continuously offering full service, or face penalties. The court reversed the Board’s order requiring the employer to supply requested information regarding subcontracting. View "FirstEnergy Generation, LLC v. National Labor Relations Board" on Justia Law