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NLRB v. Katz (and note 4)

NLRB v. Katz (and note 4). Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations Indicates no desire to reach an agreement (8(d)) A refusal to bargain in fact no need to find subjective lack of good faith

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NLRB v. Katz (and note 4)

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  1. NLRB v. Katz (and note 4) • Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations • Indicates no desire to reach an agreement (8(d)) • A refusal to bargain in fact • no need to find subjective lack of good faith • Such unilateral action forecloses discussion • TCE may be determined by negotiations through the exercise of bargaining power • May not be unilaterally determined • New York Telephone Case and UI benefits • no state conflict with federal law when a state pays strikers UI benefits • UI traditionally left to states

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