Sherman Minton

“ No one suggests that an employer is guilty of an unfair labor practice when it proposes that it be given unilateral control over certain working conditions and the union accepts the proposal in return for various other benefits. But where, as here, the employer tells the union that the only way to obtain a contract as to wages is to agree not to bargain about certain other working conditions, the employer has refused to bargain about those other working conditions. ”

“ National Labor Relations Board, 7 Cir., 116 F.2d 748.↑ The only exception is that an employer in good faith can challenge the majority status of the bargaining representative and request proof that it does in fact have such status. ”

“ The record is replete with evidence that respondent insisted on a clause which would classify the control over certain conditions of employment as a management prerogative, and that the insistence took the form of a refusal to reach a settlement unless the Union accepted the clause. ”