By John Phillips and Ken Dolin

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful in and of itself

Continue Reading When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless Constitutes Bad-Faith Bargaining