The National Labor Relations Board (NLRB) reviewed the decision of Administrative Law Judge (ALJ) Robert A. Ringler regarding unfair labor practice charges filed against Garland Symphony Orchestra Association, Las Colinas Symphony Orchestra Association, and Symphony Arlington (collectively, the Respondent), a single employer, by the Dallas-Fort Worth Professional Musicians Association, Local 72-147 (the Union). The NLRB affirmed the ALJ's findings and conclusions in part, modifying the remedy and conclusions of law.

The core of the dispute involved the Respondent's actions during the COVID-19 pandemic. The ALJ had found the Respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act (the Act) by withdrawing recognition from the Union and by unilaterally modifying the collective-bargaining agreement (CBA). The ALJ also found violations related to direct dealing with employees and failure to provide information. The NLRB affirmed the finding that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition from the Union.

Regarding the midterm modification allegations, the NLRB agreed with the ALJ that the Respondent violated Section 8(a)(5) and (1) and Section 8(d) by unilaterally altering the CBA's minimum wage provisions and by creating an exigent-circumstances clause. The NLRB rejected the Respondent's arguments that Article 15.14 of the CBA constituted a reopener provision allowing for midterm modifications after bargaining to impasse. The Board found this argument unpersuasive, emphasizing that Section 8(d) prohibits midterm modifications absent mutual consent, regardless of whether the contract has a fixed duration or is of indefinite duration. The NLRB also affirmed the ALJ's conclusion that the Respondent did not have a "sound arguable basis" for unilaterally changing the wage provisions or creating the exigent-circumstances clause.

However, the NLRB reversed the ALJ's findings that the Respondent violated Section 8(a)(5) and (1) by unilaterally modifying the provisions concerning the election of the players committee. The Board reasoned that the composition of the players committee and its selection procedures are nonmandatory subjects of bargaining. Therefore, a modification to such a provision, while potentially a permissive subject of bargaining, cannot constitute a violation of Section 8(d) when unilaterally implemented.

The NLRB also reversed the ALJ's finding that the Respondent violated Section 8(a)(5) and (1) by dealing directly with employees. The ALJ had found a direct-dealing violation based on the Respondent sending individual contracts with reduced wage rates, which differed from the allegations in the complaint and the arguments litigated by the parties. The NLRB found that this unalleged violation was not closely related to the complaint's allegations and had not been fully and fairly litigated, thus depriving the Respondent of due process.

The NLRB affirmed the ALJ's dismissal of the allegations that the Respondent violated Section 8(a)(5) and (1) by adopting unilateral safety rules to reduce the spread of COVID-19 and by failing to furnish individual employee contracts to the Union. The ALJ had found that the Respondent had a sound arguable basis under the management rights clause to implement reasonable work rules for health and safety. Regarding the information request, the CBA clearly waived the Union's right to receive copies of individual contracts, allowing only review at the Respondent's office.

The Board modified the remedy to include rescission of unlawful modifications, make-whole relief for affected employees, and compensation for other direct or foreseeable pecuniary harms, consistent with its decision in Thryv, Inc.. The NLRB also adopted the ALJ's recommendation for an affirmative bargaining order and a notice-reading remedy. The Respondent's exceptions regarding these remedies were considered bare and unsupported by argument, leading to their disregard.

Significant Cases Cited

• Garland Symphony Orchestra Association, Las Colinas Symphony Orchestra Association and Symphony Arlington, 374 NLRB No. 103 (2026): This is the current decision, addressing unfair labor practice charges related to midterm contract modifications and withdrawal of recognition.
• Thryv, Inc., 372 NLRB No. 22 (2022): This case established certain remedies for unfair labor practices, including compensation for direct or foreseeable pecuniary harms, which was applied in the present decision.
• NLRB v. Katz, 369 U.S. 736 (1962): This Supreme Court case established the principle that an employer cannot unilaterally change mandatory subjects of bargaining midterm without bargaining with the union.
• Oak Cliff-Golman Baking Co., 207 NLRB 1063 (1973): This case affirmed that economic exigencies do not excuse unilateral midterm modifications of a collective-bargaining agreement.
• Levitz Furniture Co. of Eastern Michigan, 333 NLRB 717 (2001): This case outlines the standard for an employer to lawfully withdraw recognition from a union, requiring proof by a preponderance of the evidence that the union has lost majority support.

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