The D.C. Circuit upheld an NLRB finding that George Washington University Hospital engaged in bad-faith bargaining with 1199SEIU, emphasizing how aggressive employer proposals can violate labor law. The court found the hospital’s persistent push for expansive management rights, a no-strike clause without arbitration, and elimination of binding dispute resolution reflected unlawful surface bargaining. The ruling reaffirms that even during tough negotiations, employers must uphold the integrity of the bargaining process and avoid tactics that would render union representation meaningless.
See "Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith Finding", Paul Salvatore, Joshua S. Fox, Austin McLeod , The National Law Review, July 2, 2025