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Labor Law (Spring 2024)
Resource 10 . 1
21 minutes

National Labor Relations Board v. Wooster Division of Borg-Warner Corp.

Amy L. Cocuzza

In Borg-Warner, the Supreme Court recognized a distinction between "mandatory" and "permissive" subjects of bargaining. The Court explained that good faith is no defense if a party insists to impasse on the inclusion of a subject beyond the scope of "wages, hours, and other terms and conditions of employment." Refusing to bargain over a mandatory subject or insisting to impasse on a permissive subject is a per se violation of Section 8(a)(5). 

Supreme Court of the United States
356 U.S. 342, 2 L. Ed. 2d 823, 78 S. Ct. 718, SCDB 1957-087, 1958 U.S. LEXIS 1816
No. 53
1958-05-05

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