Question: Collective Bargaining. Ceridian Corp. provides employment services to other companies. One of its divisions offers counseling to its customers' employees through a callin center in Eagan, Minnesota. Under Ceridian's "Personal Days Off" (PDO) policy, employees can use a certain amount of paid time off each year for whatever purpose they wish, but unpaid leave is not available. Employees who take time off in excess of their PDO are subject to discipline, including discharge. In June 2003, the National Labor Relations Board (NLRB) certified Service Employees International Union 113 as the exclusive collective bargaining representative for 130 employees at the call-in center.
The union assembled a sixemployee team to negotiate a collective bargaining agreement. Ceridian refused to meet with the team during nonworking hours or to grant the members unpaid leave to attend bargaining sessions during working hours, but required them to use their PDO instead. The union filed an unfair-labor-practice charge with the NLRB against Ceridian, alleging that the employer impermissibly interfered with its employees' choice of bargaining representatives. Did Ceridian commit an unfair labor practice? Explain. [Ceridian Corp. v. National Labor Relations Board, 435 F.3d 352 (D.C.Cir. 2006)]