NLRB v. Katz (and note 4) Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations Indicates no.

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Presentation transcript:

NLRB v. Katz (and note 4) 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 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