In addition, Erie challenges the propriety of the Board’s affirmative bargaining order. custom name snoopy crocs As a remedy, the Board ordered Erie to cease and desist from refusing to bargain. Id. at 4–5 (Board Op.), 13 (ALJ Op.). The Board ordered
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or financially support any labor organization as a condition of employment; except that such employee may be required in a contract between such employees’ employer and custom name snoopy crocs a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501 of title 26, chosen by such employee from a list of at least three such funds, designated in such contract or if the contract fails to designate such funds, then to any such fund chosen by the employee. If such employee who holds conscientious objections pursuant to this section requests the labor organization to use the grievance-arbitration procedure on the employee’s behalf, the labor organization
is authorized to charge the employee for the reasonable cost of using such procedure. All record evidence supports the proposition that the parties’ diametrically opposed positions on union security “presented … an insurmountable obstacle to an agreement.” Richmond Electrical Services, Inc., 348 NLRB 1001, 1003 . Because “the parties’ failure to agree on this issue destroyed any opportunity for reaching a … collective-bargaining agreement,” CalMat, 331 NLRB at 1098, the impasse on union security led to a breakdown in overall negotiations. Therefore, the record evidence clearly demonstrates that Erie met its burden of showing that the parties were at an impasse on the critical issue of union security on March 31, 2006. Erie petitions this court for review, arguing that the Board’s finding of unlawful refusal to bargain was not supported by substantial evidence in the record.