1. A call-in center operated 24/7. After the employees unionized, six employees from different work groups and all three shifts volunteered to serve on the committee that would be bargaining for a first contract. The union requested that the employer provide unpaid leave for the bargainers and that the union would compensate them for lost wages. The employer refused, insisting that they would have to use any paid time off avail- able to them and do so in full-day increments regardless of the length of negotiation sessions. The company later modified its position to allow paid time off to be used in four-hour increments. Since four of the six bargaining committee members worked days, the union requested that some evening bargaining sessions be scheduled. The company initially agreed, but when the company changed its lead negotiator, he insisted that negotiation sessions be held only during the day's "normal business hours." Three of the six committee members were not able to regularly attend negotiating sessions. Another had to use more than 100 hours of personal time to attend. After eighteen sessions, there was still no agree- ment on a first contract. The union file an unfair labor practice charge. Did the employer fail to bargain in good faith? (Ceridian Corp. v. NLRB, 435 F.3d 352 (D.C. Cir. 2006))
2. An employer entered negotiations by presenting the union with its "firm and fair offer." It refused to modify its position in any way unless the union could demonstrate facts that would causeit to reconsider. Additionally, the employer mailed information to each of its employees, explaining its offer and urging them to tell their union representatives to accept it. The union filed charges with the NLRB. What should the court decide? Why? (NLRB v. General Electric Co., 418 F.2d 736 (2d Cir. 1969), cert. denied, 397 U.S. 365 (1970))