Monmouth Care Center v. National Labor Relations Board, 672 F.3d 1085

Three related New Jersey nursing homes (Monmouth Care Center, Milford Manor, Pinebrook) employ unionized staff represented by SEIU 1199; separate bargaining with the union over successor contracts in 2005.
Key bargaining issues included wages, health care, pensions, and the use of agency employees (temporary staff) within the bargaining unit.
The unions sought information on agency usage; the employers provided incomplete or delayed responses beginning in early 2005.
Each facility bargained separately; Milford and Pinebrook eventually declared or approached impasse in late 2005, while Monmouth did not submit a final offer and ceased negotiations earlier.
The National Labor Relations Board found the employers violated the NLRA by refusing to meet/bargain and by withholding information, prompting petitions for review and Board enforcement.
The court held there was no genuine impasse and that the information requests were not made in bad faith; the Board’s findings supporting violations were thus affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a genuine bargaining impasse?	Monmouth Milford Pinebrook contended impasse excused duty to bargain.	Board argued no genuine impasse; negotiations showed flexibility and movement.	No genuine impasse; Board's finding affirmed.
Did the employers’ failure to timely/timely provide information establish a NLRA violation?	Union information requests were made in bad faith.	Requests were irrelevant or made in bad faith by union; thus no NLRA violation.	Information requests were relevant; failure to provide found to violate NLRA.

Serramonte Oldsmobile, Inc. v. NLRB, 86 F.3d 227 (D.C.Cir.1996) (impasse determination governs duty to bargain)
Taft Broad., 163 NLRB 475, 163 NLRB 475 (NLRB 1967) (impasse factors and bargaining history)
American Federation of Television & Radio Artists v. NLRB, 395 F.2d 622 (D.C.Cir.1968) (factors for impractical continuation of negotiations)
Wayneview Care Ctr. v. NLRB, 664 F.3d 341 (D.C.Cir.2011) (recent impasse review; MFN clause under Tuchman Agreement)
Laurel Bay Health & Rehabilitation Center v. NLRB, 666 F.3d 1365 (D.C.Cir.2012) (case distinguishing impasse with Tuchman context)
Oil, Chem. & Atomic Workers Local Union No. 6-418 v. NLRB, 711 F.2d 348 (D.C.Cir.1983) (duty to provide information is fundamental to bargaining)
E.I. du Pont de Nemours & Co. v. NLRB, 489 F.3d 1310 (D.C.Cir.2007) (information requests must be provided timely to avoid impasse)
D.C. Cir. United Steelworkers Local 14534 v. NLRB, 983 F.2d 240 (D.C.Cir.1993) (impasse and bargaining precedents in review)