Issues regarding the duty to bargain in good faith:
1. Duty to bargain in good faith requires both parties to participate actively in negotiations so as to indicate a present intention to agree. Although the parties do not actually have to agree on anything.
a. Look at the total conduct of the Employer to determine whether the Employer bargained in good faith.
b. Delaying tactics, unreasonable bargaining demands, unilateral changes to the contract, efforts to bypass the union, failure to designate an agent with sufficient bargaining authority, withdrawal of positions already agreed upon, arbitrary schedule of meetings.
c. Court here finds that Employer did not make an unreasonable demand because the union had contracts with other Employer's with lower wages and Employer did not modify some of its proposals. A hard bargain, therefore, does not mean a refusal to bargain.
2. Does the Employer have to provide the union with financial information when the Employer has an "inability to pay" not when the Employer claims an "inability to compete."
a. Here, the Employer was claiming an inability to compete, but the inability to compete would cause them to go out of business, which would in tern be an inability to pay. Thus, the Employer must give union its financial information.
3. Was there a bargaining to impasse?
a. Rule: If one party remains willing to move toward an agreement, there is no valid impasse. If there is no valid impasse, the Employer cannot make unilateral changes to the contract.
4. The Lock-Out
a. Rule: An Employer who does a lockout with the purpose of making the Employees accept the Employer's unfair labor practices, as opposed to a lockout with the purpose of negotiating, then Employer cannot hire temporary Employees (if they hire temporary Employees, then it's a violation of 8(a)(3))
b. Here, because the previous unilateral modification was an unfair labor practice and the lockout's purpose was to put pressure on the Employees to accept that unilateral modification, then Employer cannot hire temporary Employees.
5. Since the Employer here was a subsidiary of Conagra, do they both share the management of Employees?
a. Do the independent entities share or codetermine negotiations? If yes, then they are joint Employers and are both responsible for the unfair labor practice.