In a case involving bad-faith bargaining over an initial contract, a NLRB majority of Chair Wilma B. Liebman and Member Mark Pearce ordered an employer to bargain for a minimum of 16 hours a week until either a first agreement was reached, the parties agreed to a hiatus, or a lawful impasse occurred. The company was also ordered to submit a progress report to the Regional Director every 30 days. According to the majority, the company's refusal to comply over a period of years with a bargaining order that was enforced by a federal appeals court fully justified the bargaining schedule and progress reports.
Member Brian Hayes dissented from the majority's imposition of "substantial new special remedies" on the employer. According to Hayes, if additional remedies were sought, the NLRB General Counsel should have either petitioned the court for a modification of the order or, if appropriate, initiated contempt proceedings to secure these additional remedies.
