A & L Underground, 302 NLRB No. 76 - Case Brief Summary (Federal Court)
In A & L Underground, 302 NLRB No. 76, 137 LRRM 1033, 1035 (1991), a document had been signed prior to the section 10(b) period and there was a dispute between the parties as to whether the agreement applied to more than a single project.
In that case it was clear to the union, more than six months prior to the time the charges were filed, that the employer took the consistent position that the document was not a binding contract and was never intended to be binding on the employer.
The Board in A & L Underground found the union's charges to be untimely, stating that "[o]nce a party has notice of a clear and unequivocal contract repudiation ... a dispute is clearly drawn. Indeed, it is at the moment of that repudiation that the unfair labor practice--the refusal to bargain--fundamentally occurs." Id.
The Board concluded, "when a party ... has clearly and unequivocally given notice that it is totally repudiating its collective-bargaining agreement, we shall require that an unfair labor practice charge be filed within 6 months of the date of that total contract repudiation if the 10(b) time-bar is to be avoided." Id. at 1036.