International Alliance of Theatrical Stage Employees, Local 15 v. National Labor Relations Board

An unwillingness to pay a union’s demands during negotiations is different than asserting a financial inability to pay; an employer asserting only an unwillingness to pay does not have a duty to produce information about its financial viability upon request from the union; whether an employer asserted an inability-to-pay claim not based on the use of magic words but on whether the essential core of the employer’s bargaining posture as a whole, as expressed to the union, was grounded in assertions amounting to a claim that it could not economically afford to pay for the union’s proposals; a retraction is effective if the employer makes it unmistakably clear to a union that it has abandoned its plea of poverty.

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