International Ass'n of Machinists & Aerospace Workers, Local Lodge 845 v. National Labor Relations Board

**Union Loses Bid to Force Employer Bargaining After Unfair Labor Practices** This case involved a dispute between the International Association of Machinists union and Desert Toyota dealership. The union wanted to represent workers at the dealership, but claimed the company committed unfair labor practices that made it impossible to hold a fair union election. The union asked the National Labor Relations Board (NLRB) to order the company to recognize the union and bargain with them without an election – something called a "Gissel order." The NLRB refused to issue this special order, and the union challenged that decision in federal court. The Ninth Circuit Court of Appeals sided with the NLRB, ruling that standard remedies were enough to fix the employer's wrongdoing. These standard remedies included ordering the company to stop its unfair practices, post notices about workers' rights, reinstate any fired workers, and pay back wages. **What this means for workers:** This decision shows how difficult it can be for unions to get special orders forcing employers to bargain. Even when companies break labor laws during organizing campaigns, courts may decide that basic remedies like reinstatement and back pay are sufficient, rather than automatically granting union recognition.