NLRB v. Katz (and following notes) Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations Indicates no desire to reach an agreement (8(d)) A refusal to bargain in fact no need to find subjective lack of good faith Such unilateral action forecloses discussion TCE may be determined by negotiations through the exercise of bargaining power May not be unilaterally determined

The Government and Economic Weapons U.S. Chamber of Commerce v. Reich, 1996 (CA DC) 1995 Presidential Executive Order banning government contracts for firms that replace strikers unlawful as preempted by NLRA 2001 Presidential ex. order requiring federal contractors to inform employees about rights to decline to pay union dues not in conflict with NLRA because no Board decision on the issue (UAW LABOR AND EMPLOYMENT TRNG. V. CHAO, CA DC, 4/22/03 (Case No. No. 02-508)) New York Telephone Case and UI benefits no state conflict with federal law when a state pays strikers UI benefits UI traditionally left to states

Additional Cases in Notes Molders Illegal to institute a pre-lockout reduction in wages; not a “partial lockout” Comparable to partial strike found unprotected Great Falls Legal to recall employees to disqualify them from collecting UI