1. 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

2. 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 ))
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

3. 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