General Electric Co. v. National Labor Relations Board

BAUER, Chief Judge The General Electric Company (""G.E."") petitions this court for review of a decision and order of the National Labor Relations Board (""N.L.R.B."" or ""Board""), reported at 294 NLRB No. 11 (May 23, 1989) (""Board Decision""). In that decision, the Board affirmed and adopted (with one modification discussed below) the decision of the Administrative Law Judge (""ALJ""), who held that G.E. violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (""Act""), 29 U.S.C. § 158(a)(1) & (5), by refusing to provide information requested by Local 571, Sheet Metal Workers International Association, AFL-CIO (""Union""). The Board, in response, cross-petitions for enforcement of its order, and the Union intervenes in support of the Board's order. At issue is the Board's ruling that G.E.'s duty to bargain in good faith required G.E. to turn over requested cost information on certain maintenance subcontracts or be guilty of an unfair labor practice. Because that ruling is not supported by substantial evidence in the record as a whole and evidences an unreasonable application of the Act, we decline to enforce the Board's order. I