Case Study: Labor Relations

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NLRB Case: SW General, Inc. d/b/a Southwest Ambulance and International Association of Fire Fighters Local I-60, AFL–CIO, Case 28–CA–094176 (2014).
Facts of the case: Following expiration of its prior collective bargaining agreement (CBA) between employer SW General, Inc. d/b/a Southwest Ambulance (Southwest Ambulance) and union International Association of Fire Fighters Local I-60, AFL–CIO (IAAF) in 2012, Southwest Ambulance ceased making biannual longevity payments, previously made in June and December to IAAF members with 10-plus and 15-plus years of service, without giving notice to the IAAF. The union charged that this action “violated Section 8(a)(5) and (1) of the [National Labor Relations] Act when it made a unilateral change in working conditions without having afforded the Union notice, and an opportunity to bargain” (SW General, Inc. d/b/a Southwest Ambulance and International Association of Fire Fighters Local I-60, AFL–CIO, 2014, p. 3). Southwest Ambulance contended it was not required to continue longevity pay after the CBA expired. Longevity pay had been included in successive collective bargaining agreements from 2001 to 2012 (the most recently expired CBA was from 2009 to 2012; a new CBA is still under negotiation).
Findings: A three-member panel of the National Labor Relations Board (NLRB) generally affirmed the administrative law judge’s (ALJ) rulings, findings, and conclusions, but modified certain aspects of the ALJ’s conclusions of law and recommended order to conform to the NLRB’s standard procedures, particularly as related to back pay. The ALJ found that “there is a long-standing history and practice, no matter what the reason or origin, for Respondent [Southwest Ambulance] and the Union to agree to...

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U.S. Congress. (2009). Employee Free Choice Act; H.R. 1409; S. 560. Retrieved from http://thomas.loc.gov/cgi-bin/bdquery/z?d111:H.R.1409:; http://thomas.loc.gov/cgi-bin/bdquery/z?d111:S560:
U.S. Department of Labor. (1987). Office of Labor-Management Standards (OLMS): Labor-Management Reporting and Disclosure Act of 1959, as amended. Retrieved from http://www.dol.gov/olms/regs/statutes/lmrda-act.htm
U.S. Government Printing Offfice. (1947). Labor Management Relations Act of 1947 (Taft-Hartley Act); 29 U.S.C. 141 ET SEQ. Retrieved from http://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter7/subchapter1&edition
U.S. Government Printing Office. (1935). National Labor Relations Act, 29 U.S.C. S 151-169. Retrieved from http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim

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