Verizon N.Y. Inc. v. NLRB, 360 F.3d 206 (D.C. Cir. 2004),
enforcing In re Verizon N.Y., Inc., 339 N.L.R.B. No. 6 (2003)
The D.C. Circuit Court of Appeals enforced the NLRB’s order finding that the employer’s practice of permitting employees to participate in blood drives on work time for up to four hours twice a year was a term and condition of employment that could not be unilaterally eliminated. The Court rejected the employer’s defenses that its decision to no longer provide this support for a charity was a core entrepreneurial concern that did not vitally affect employee terms and conditions of employment and that the Union waived its right to bargain over the change by failing to timely demand bargaining.