National Labor Relations Board v. Galicks, Inc.
2012 U.S. App. LEXIS 4284
| 6th Cir. | 2012Background
- Galicks, Inc. hired non-journeymen to perform journeyman-only work under evolving collective agreements.
- Production Agreement allowed production employees limited journeyman work at shop, not at jobsites; journeymen still did most work.
- In 2005, production employees petitioned against Union; Galicks withdrew recognition as the production unit’s representative.
- Union sought to certify journeymen as their representative; Galicks laid off its last journeyman and refused to bargain.
- Board certified Union as exclusive bargaining representative for journeymen; Galicks later hired a non-journeyman for journeyman work.
- Galicks refused Union information requests and subsequently withdrew recognition, prompting 8(a)(1), 8(a)(3), and 8(a)(5) charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether anti-union animus caused failure to recall journeymen | Galicks acted with anti-union motive. | Work conditions and economics, not animus, explained recall decisions. | Substantial evidence supports animus finding; recall violated 8(a)(1) and 8(a)(3). |
| Whether Galicks unlawfully withdrew recognition and refused to bargain | Withdrawal was unlawful and bypassed bargaining duty. | No duty to bargain due to one/no-man unit; actions were lawful on that ground. | Substantial evidence supports unlawful withdrawal and failure to bargain. |
| Whether Galicks failed to provide requested information during bargaining | Galicks refused information hindering negotiations. | Information requests were improper or unnecessary. | Galicks violated 8(a)(1) and 8(a)(5); enforcement affirmed. |
Key Cases Cited
- NLRB v. Transp. Mgmt. Corp., 462 U.S. 393 (1983) (adopted Wright Line framework for anti-union animus)
- Island Creek Coal Co. v. NLRB, 899 F.2d 1222 (6th Cir. 1990) (background evidence of animus admissible)
- FiveCAP, Inc. v. NLRB, 294 F.3d 768 (6th Cir. 2002) (burden-shifting framework for anti-union animus)
- NLRB v. MFY Indus., Inc., 573 F.2d 673 (10th Cir. 1978) (evidence of anti-union animus and unit issues)
- Detroit Edison Co. v. NLRB, 440 U.S. 301 (1979) (duty to bargain and respond to information requests)
- Vanguard Fire & Supply Co. v. NLRB, 468 F.3d 952 (6th Cir. 2006) (unilateral withdrawal of recognition violates 8(a)(5))