Brent Electric Company, Inc. v. International Brotherhood of Electrical Workers Local Union No. 584

Brent Electric Company, Inc. (“Brent Electric”) was bound by a collective bargaining agreement with the International Brotherhood of Electrical Workers Local Union No. 584 (the “Union”) effective from June 1, 2018 through May 31, 2021 (the “2018 CBA”). The 2018 CBA contained an interest arbitration provision, Section 1.02(d), authorizing the Council on Industrial Relations (the “CIR”) to adjudicate “[u]nresolved issues or disputes arising out of the failure to negotiate a renewal or modification of” the agreement. App.197a. The CIR issued an award dated May 19, 2021, requiring Brent Electric to sign a new collective bargaining agreement with the Union (the “2021 CBA”) which was drafted by the CIR. App.103a. However, over the objection of Brent Electric, the 2021 CBA contained numerous provisions which were nonmandatory subjects of bargaining under the National Labor Relations Act (“NLRA”). From these circumstances and the proceedings below the following question arises, on which the circuit courts of appeals are squarely divided: Whether a collective bargaining agreement awarded through interest arbitration is enforceable as to nonmandatory subjects of bargaining contained therein.