Question

Collective Bargaining. SDBC Holdings, Inc., acquired Stella D'oro Biscut Co., a bakery in New York City. At the time, a collective bargaining agreement existed between Stella D'oro and Local 50, Bakery, Confectionary, Tobacco Workers, and Grain Millers International Union. During negotiations to renew the agreement, Stella D'oro allowed Local 50 to examine and take notes on the company's financial statemtn and offered the union an opportunity to make its own copy. Stella D'oro, however, would not give Local 50 a copy. Did Stella D'oro engage in an unfair labor practice. Discuss. [SDBC Holding, Inc. v. National Labor Relations Board, 711 F.3d 281 (2d Cir. 2013)] (See Labor Unions)

Answer 1

Yes, Stella D’oro engaged in unfair labor practice of discrimination by allowing only Local 50 to examine and take notes on company’s financial statements and offering an opportunity to make its on copy. Other unions including Confectionary, Tobacco Workers, and Grain Millers International Union has undergone unfair labor practice involving discrimination and refusal to recognize and negotiate by not receiving a chance to review the financial statement which affected their position to bargain collectively with the employer understanding the financial conditions. The unions should be given a chance to identify the financial performance of the company to involve in collective bargaining effectively and under good faith. Hence Stella D’oro had the obligation to make it available for all the members present in the collective bargaining. Though Local 50 was not given the copies, they were given a chance to make their own copy which proves discrimination.