National Labor Relations Board v. Item Company
| Decision Date | 17 May 1955 |
| Docket Number | No. 15270.,15270. |
| Citation | 220 F.2d 956 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. The ITEM COMPANY, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Morris A. Solomon, Trial Atty., N. L. R. B., David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Frederick U. Reel, Attorney, N. L. R. B., Washington, D. C., for petitioner.
Robert E. Leake, Jr., Eberhard P. Deutsch, Deutsch, Kerrigan & Stiles, New Orleans, La., for respondent.
Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.
The Board petitions for enforcement of its order issued against respondent1 on June 30, 1954, requiring it to furnish the Union2 upon request with the wages of each employee in the bargaining unit and the amount of any merit increase received by individually named employees during the preceding year. The Board's decision and order are reported at 108 N. L. R. B. 227.
The material facts are mainly undisputed, and concern a controversy which arose during the course of bargaining negotiations from August 27, 1952 to February 16, 1953 for renewal of a bargaining agreement which expired October 18, 1952. On August 19, 1952, the Union wrote respondent proposing a new contract which contained a clause reserving to the Union the right to bargain concerning individual merit increases and required respondent to inform the Union of all such merit increases granted. At the first bargaining conference on August 27, the Union requested from respondent wage information as to the name of each employee and his present salary, his length of service and accredited experience, the anniversary date of his employment, and the date and amount of any merit increases granted him within the preceding year. Though furnishing the Union with some of the wage information requested, respondent refused to furnish the salary of each individual employee, as well as the amount of merit increase, if any, received by such employee during the preceding year. During subsequent bargaining negotiations, the Union insisted that it was entitled to all the wage information requested, and that it intended to prosecute an 8(a) (5), 29 U.S.C.A. § 158(a) (5), refusal to bargain charge which it had filed with the Board because of respondent's refusal to furnish all of the information sought. On February 16, 1953, respondent and the Union executed a new contract, which apparently gave no right to the Union to bargain concerning individual merit increases, and contained no provision requiring respondent to furnish the Union with the wage data previously requested. Irrespective of the new contract, however, the Union still insisted that it was entitled to the information which respondent had refused to furnish, particularly in view of a provision of the new contract permitting it to be reopened on or after October 10, 1953 for the revision of certain benefits.
Respondent's first insistence is that the good faith bargaining requirement of Section 8(a) (5) does not require it to disclose information, such as that here sought, which is not "legally relevant to any bargaining issue under the present or any previous contract." In the Second Circuit's per curiam decision in N. L. R. B. v. Yawman & Erbe Mfg. Co., 187 F.2d 947, 949, it was held:
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