White v. NLRB Elements of good faith satisfied by er – Met with union –Exposed themselves to arguments –Tried to seek agreement – Willing to sign an agreement distinguishes Majure and Denton No requirement to make a concession Some protection against “going through the motions” needed worried about a “predetermined resolve not to budge” Reed & Prince –“a single serious proposal” –“some reasonable effort” required Majority: Tuttle Dissent: Rives

According to White, does obligation to bargain collapse into Offering some proposals that address terms and conditions of employment?; Showing up at negotiations sessions?; Talking?; Not doing anything that would violate express terms of 8(d)?

Key Quote from White “... (W)e find that we are at last required to determine whether, in an otherwise unassailable attitude of collective bargaining, the employer may nevertheless be found guilty of a failure to bargain in good faith solely on the basis of the content of the proposals and counterproposals of the parties.”