NLRB: An Employer's Insistence At Bargaining 'Non-Economics' Before Economics Is Unlawful

In a decision last week, the National Labor Relations Board (NLRB) ruled that a real estate company violated Section 8(a)(5) and (1) of the National Labor Relations Act by “failing to bargain in good faith due to its refusal to discuss economic subjects of bargaining with the Union until all non-economic subjects were resolved.”

“…the Board and courts have long held that an employer violates Section 8(a)(5) and (1) by insisting on the resolution of all non-economic subjects before negotiating economic subjects.” — National Labor Relations Board

The decision involved Troutbrook Company, LLC d/b/a Brooklyn 181 Hospitality, LLC and New York Hotel and Motel Trades Council, AFL–CIO, and involved the parties’ negotiations for a first contract following the union’s 2019 certification as the collective bargaining representative of the employer’s employees.