What were the legal issues in this case? What did the court decide? Why was it c

Question

What were the legal issues in this case? What did the court decide? Why was it concluded that a valid impasse did not exist at the time that the employer ceased to negotiate? Since the employer wanted to eliminate the just cause provision in the contract and the union said that it would never agree to that, why wasn't that fact alone enough to show the existence of an impasse? So, what happens now? What if the parties still cannot come to agreement? What specific things should this employer have clone differently to avoid the outcome in this case?

Explanation / Answer

Ans 1. The legal issue was that NLRB (The National Labor Relations Board) filed petitions for enforcement of its finding that Whitesell Corporation has violated number of different provisions of the National Labor Relations Act, 29 U.S.C. §§ 151–69, while negotiating a new collective-bargaining agreement with the workers of Glass, Molders, Pottery, Plastics, and Allied Workers International Union. Whitesell corp opposes enforcement on the ground that the NLRB lacked jurisdiction to enter a “new” decision following this court's denial of the NLRB's prior application for enforcement. In the alternative, Whitesell challenges, for lack of substantial evidence, the NLRB's determinations that Whitesell failed to (1) bargain in good faith to impasse; (2) give the required timely notice to the Federal Mediation and Conciliation Service (“FMCS”); and (3) bargain in good faith by failing to provide information requested by the Union while negotiating the new CBA. - See more at: http://caselaw.findlaw.com/us-8th-circuit/1564571.html#sthash.7pBtfV3W.dpuf

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