Legal Opinion
Duffy Tool & Stamping, L.L.C. v. National Labor Relations Board
Court of Appeals for the Seventh Circuit
Decided December 1, 2000No. 00-1626, 00-2032PublishedCited by 2 opinions
1Opinion of the Court
POSNER, Circuit Judge.
When a union wins an election to be the exclusive bargaining representative of a group of workers, the employer becomes duty-bound to bargain in good faith with the union. 29 U.S.C. § 158(a)(5). The aim of the bargaining process is to negotiate a collective bargaining agreement that will define the terms and conditions of employment of the represented workers during the term of the agreement. There is no duty to agree, however, and if the parties deadlock (reach “impasse,” in the jargon of labor law), the employer is free to operate his business as he did before…
2Cases cited17 opinions
- Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
- National Labor Relations Board v. Reed & Prince Mfg. Co.Court of Appeals for the First Circuit · 1953
- National Labor Relations Board v. Tex-Tan, Inc.Court of Appeals for the Fifth Circuit · 1963
- Vincent Industrial Plastics, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2000
- National Labor Relations Board v. J. P. Stevens & Company, Inc., Gulistan DivisionCourt of Appeals for the Fifth Circuit · 1976
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3Cited by2 opinions
- Department of Central Management Services v. Illinois Labor Relations Board, State PanelAppellate Court of Illinois · 2019
- Duffy Tool & Stamping, L.L.C., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner, and International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, Afl-Cio, IntervenorCourt of Appeals for the Seventh Circuit · 2000