Court of Appeals Reverses Board Finding That Employer Claimed “Inability to Pay” During Contract Negotiations

In SDBC Holdings v. NLRB, reversing Stella D’Oro Biscuit Co., 355 NLRB No. 158 (2010), the Court of Appeals for the Second Circuit recently reversed the National Labor Relations Board and held that an employer acted lawfully and did not engage in unfair labor practices by failing to give a union an audited financial statement that it had sought during collective bargaining.  

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