Really, Really Bad Faith Bargaining

from the October 2012 LEL Labor and Employment Law News

To start off this month’s LEL News, here is a quote from the last paragraph of a recent NLRB decision.

IV. Conclusion
        Our rulings likely come as no surprise to the parties. Two themes repeat themselves in the decade-long history of this dispute. The first is HTH's defiance of the Labor Act and its employees’ statutory rights. The second is HTH's consistent losses before the agency and the courts. A skeptical adjudicator might question whether HTH has ever taken seriously its obligations under the law. We hope that we do not need to consider that question again.
        The Board's petition for enforcement in No. 11-71676 is GRANTED in whole and HTH's petition for review in No. 11-71968 is DENIED. The district court's preliminary injunction in No. 11-18042 is AFFIRMED.

Frankl v. HTH Corp., Case No.11-18042 (9th Cir. Sept. 6, 2012)

Not exactly a company that has made a friend of the Ninth Circuit Court of Appeals. But, on the other hand, the employer appears to have lived by the mantrum: “More work for lawyers!”