Labor – Duty to bargain – Consolidation of lab operations

The National Labor Relations Board did not err in concluding that an employer was required to bargain with a union over the consolidation of two product testing labs at different locations on its worksite into one lab, which resulted in a reduction in positions and the union’s loss of jurisdiction over lab testing work that its members had previously performed.

National Labor Relations Board v. Solutia, Inc. (Lawyers Weekly No. 01-287-12) (49 pages) (Lynch, C.J.) (1st Circuit) Zachary R. Henige, with whom Robert J. Englehart, Lafe E. Solomon, Celeste J. Mattina, John H. Ferguson and Linda Dreeben were on brief, for the National Labor Relations Board; Hugh F. Murray III, with whom Murtha Cullina, LLP was on brief, for Solutia, Inc.; Randall Vehar, with whom Robert W. Lowrey, David Rome and Pyle Rome Ehrenberg were on brief, for United Food & Commercial Workers International Union, Local 414C (Docket Nos. 12-1129 and 12-1174) (Nov. 2, 2012).