§11.4 Voluntary Bargaining Structures

• Library: Labor and Employment Law: Private Sector (OSBar) (2011 Ed.)

§11.4 VOLUNTARY BARGAINING STRUCTURES

§11.4-1 In General

A single, individual employer cannot be compelled to bargain on a multiunion or multiemployer basis. Mine Workers, Local 1854, 238 NLRB 1583 (1978), enforced in pertinent part sub nom. Amax Coal Co. v. NLRB, 614 F2d 872 (3d Cir 1980), rev'd on other grounds, 453 US 322 (1981) (forcing an employer to bargain through multiemployer association violates subsections (1)(A) and (4)(A) of NLRA §8(b)). However, if an employer has voluntarily agreed to such a bargaining structure, the bargaining duty may be expanded beyond the single employer. Greenhoot, Inc., 205 NLRB 250 (1973).

But the parties may create a multiemployer bargaining unit. See §11.4-2. See also §11.4-3 regarding multiunion bargaining.

§11.4-2 Multiemployer Bargaining

With the consent of the union and each member employer, employers may create a multiemployer bargaining unit, which itself becomes the employer for purposes of complying with the statutory obligations of 29 USC §158(a)(5) (NLRA §8(a)(5)). United Fryer & Stillman, Inc., 139 NLRB 704, 708 (1962); NLRB v. Strong, 393 US 357, 358-362, 89 S Ct 541, 21 L Ed2d 546 (1969). A multiemployer bargaining unit "exists only where employers indicate an unequivocal intent to be bound as a group for collective-bargaining purposes." Artcraft Displays, Inc., 262 NLRB 1233, 1236 (1982).

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