H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Following protracted collective bargaining negotiations between respondent union and the petitioner revolving mainly around the union’s desire to have the company "check-off" the dues owed to the union by its members, the National Labor Relations Board (NLRB) made a finding, which the Court of Appeals approved, that the company’s refusal to bargain about the check-off was not made in good faith, but solely to frustrate the making of a collective bargaining agreement. Thereafter, the NLRB ordered the petitioner to grant the union a contract check-off clause. The Court of Appeals affirmed the order, concluding that § 8(d) of the National Labor Relations Act did not forbid the NLRB to compel agreement.

Held: Though the NLRB has power under the Act to require employers and employees to negotiate, it does not have the power to compel either to agree to any substantive contractual provision of a collective bargaining agreement. Pp. 102-109.

134 U.S.App.D.C. 227, 414 F.2d 1123, reversed and remanded.