On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the "NLRB" or "the Board")...
On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the "NLRB" or "the Board") decision finding the now-defunct Southwest Florida Symphony Orchestra and Chorus Association prematurely declared an impasse in bargaining and unlawfully implemented its last, best, and final offer. A three-judge panel issued an unpublished decision in Southwest Florida Symphony Orchestra and Chorus Association Inc. v. NLRB reaffirming the Board's high bar for lawfully declaring a bargaining impasse.
In September 2020, after approximately one year of negotiations for a successor collective bargaining agreement with a local chapter of the American Federation of Musicians, the Symphony submitted to the Union what it deemed its last, best, and final offer. The Union's membership failed to ratify the offer, prompting the Symphony to declare impasse and hire musicians for its upcoming performances under the terms of its rejected offer. In September 2021, the NLRB issued a complaint alleging that the Symphony violated the National Labor Relations Act ("NLRA" or the "Act"). Notably, an administrative law judge from the NLRB's Division of Judges initially sided with the Symphony, finding there was no "room for movement" on the parties' respective proposals, however, the Board reversed and held that the Symphony failed to demonstrate that further...
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