Issues 1: Does the totality of the evidence support the Examiner’s findings and conclusions that the employer failed to bargain in good faith with the union regarding compensation and fringe benefits through its insistence on compensation and fringe benefit proposals, refusal to bargain the mandatory subject of annual leave, and through statements made by the employer regarding the union’s behavior at the bargaining table?

Issue 2: Did the Examiner commit reversible error by denying the union’s motion to amend its complaint at the hearing because the allegations were untimely?

Issue 3: Did the Examiner commit reversible error by denying the union’s request for extraordinary remedies?

For the reasons set forth below, we affirm the Examiner’s findings and conclusions that the totality of evidence demonstrates that the employer failed to bargain in good faith and derivatively and independently interfered with protected employee rights through its statements and actions. We also affirm the Examiner’s decision declining the union’s motion to amend its complaint. Finally, we amend the Examiner’s order to include an extraordinary remedy to effectuate the purposes of the state’s labor laws.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
January 3, 2008

Eric Nordloff, for the union.
Morgan Damerow, for the employer.

Case 18898-U-04-4804

ERC