MCCLATCHY NEWSPAPERS, INC., PETITIONER v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT NORTHERN CALIFORNIA NEWSPAPER GUILD, LOCAL 52, INTERVENOR, 131 F.3d 1026

Summary

In two cases involving petitioner's newspapers, the National Labor Relations Board (the Board) found that petitioner employer had committed an unfair labor practice by unilaterally implementing a discretionary merit pay proposal with the union. In one case, the Board also found that petitioner had threatened its employees with discharge for engaging in a protected activity. At issue on appeal was whether an employer could implement its final offer after an impasse occurred in bargaining. The court held that the Board was free to draw on its own expertise to suggest that wages are expected to be set bilaterally in a collective bargaining relationship. Thus, the court upheld the Board's decisions reasoning that it was appropriate for the court to defer to the Board's interpretation of the National Labor Relations Act.