Is an employer's refusal to sign a written contract in good faith a violation of section 8(d) of the Contractor's Bargaining Rights Act?

MultiRegion, United States of America

The following excerpt is from N.L.R.B. v. Quinn Restaurant Corp., 14 F.3d 811 (2nd Cir. 1994):

Section 8(d) of the Act provides that the duty to bargain in good faith encompasses the "execution of a written contract incorporating any agreement reached if requested by either party." 29 U.S.C. Sec. 158(d) (1988). Accordingly, an employer's refusal to sign an agreement embodying terms agreed upon is a violation of Section 8(a)(5) and (1) of the Act. H.J. Heinz Co. v. NLRB, 311 U.S. 514, 525-26, 61 S.Ct. 320, 325, 85 L.Ed. 309 (1941); NLRB v. Midvalley Steel Fabricators, Inc., 621 F.2d 49, 53 (2d Cir.1980).

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