In Reed Prince, supra, this court affirmed the Board's finding of refusal to bargain in good faith only "[a]fter an attentive review of the entire record of the bargaining negotiations."
In NLRB v. Herman Sausage Co., 275 F.2d 229 (5th Cir. 1960), our circuit held that "generally speaking, the freedom to grant a unilateral wage increase "is limited to cases where there has been a bona fide but unsuccessful attempt to reach an agreement with the union, or where the union bears the guilt for having broken off relations.' NLRB v. Andrew Jergens Co., 9 Cir., 1949, 175 F.2d 130, 136, cert. denied, 338 U.S. 827, 70 S.Ct. 76, 94 L.Ed. 503.
Holding that company’s decision to transfer and subcontract its parts assembly operation was a mandatory bargaining subject because the transfer did not significantly alter the nature of the company’s business, company incurred no significant capital expenditures, and transfer occurred shortly after company unsuccessfully sought economic concessions from the union
In NLRB v. Mar-Len Cabinets, Inc., 659 F.2d 995 (9th Cir. 1981), we held that looking to the substance of an agreement is permissible when it "supports an inference of intent to frustrate agreement where... the entire spectrum of proposals put forward by a party is so consistently and predictably unpalatable to the other party that the proposer should know agreement is impossible."
In Production Molded, supra, the employer shut down one of its plants where 15 employees had worked, and transferred those 15 jobs to another plant; the court found that the factual situation did not present a plant closing or elimination of bargaining unit work, but rather merely a relocation of bargaining unit work.