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Law School Case Brief

NLRB v. Am. Nat'l Ins. Co. - 343 U.S. 395, 72 S. Ct. 824 (1952)

Rule:

The duty to bargain collectively is to be enforced by application of the good faith bargaining standards of § 8(d) of the National Labor Relations Act, 29 U.S.C.S. § 151 et seq., to the facts of each case rather than by prohibiting all employers in every industry from bargaining for management functions clauses altogether.

Facts:

Objecting to the union's proposal of unlimited arbitration in a collective bargaining agreement, respondent employer proposed a management functions clause listing certain matters as responsibility of management and excluding such matters from arbitration. Holding that respondent's action in bargaining for inclusion of any such clause constituted per se violations of § 8(a)(1), (2) of the National Labor Relations Act (Act), 29 U.S.C.S. § 151 et seq., petitioner NLRB ordered respondent to bargain collectively with the union and prohibited bargaining for any management functions clause covering a condition of employment. The court of appeals denied enforcement of that portion of the order directed to the management functions clause and held that the Act did not preclude an employer from bargaining for inclusion of any management functions clause in a labor agreement.

Issue:

Did the National Labor Relations Act preclude an employer from bargaining for inclusion of any management functions clause in a labor agreement?

Answer:

No

Conclusion:

On certiorari, the United States Supreme Court affirmed, holding that the duty to bargain collectively was to be enforced by the good faith bargaining standards of § 8(d) of the Act to the facts of each case, rather than by prohibiting all employers in every industry from bargaining for management functions clauses altogether.

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