1. 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