National Labor Relations Board v. Challenge-Cook Brothers of Ohio, Inc.

Because in my view the union waived its right to require Challenge-Cook Brothers to bargain over the effects of the relocation of cement mixer operations from the Bryan, Ohio plant to the Calhoun, Georgia plant, pursuant to the zipper clause in the collective bargaining agreement, I dissent.

In its previous decisions, the Labor Board has not consistently delineated what is needed to establish a “clear and unmistakable” waiver of rights, as our decision in Tocco Division of Park-Ohio Industries, Inc. v. NLRB, 702 F.2d 624 (6th Cir.1983), illustrates. I fully agree with the court’s opinion that…