Capitol Steel and Iron Company v. National Labor Relations Board

LUCERO, Circuit Judge.

We are asked to resolve the following question: If a collective bargaining agreement contains a provision permitting an employer to grant wage increases to any of its employees in any amount, is the employer shielded from unfair labor practice charges based on the grant of such increases, regardless of the timing and manner in which it bestows them? In the case before us, the National Labor Relations Board (“Board”) held that although Capitol Steel & Iron Company (“Capitol” or “Company”) had a contractual right to grant raises without bargaining, it unilaterally granted…