By Nelson Cary and Thomas Loeb on Posted in Union NegotiationsYesterday, in a stark reversal of its precedent, the NLRB discarded the “clear and unmistakable waiver” standard. Its replacement? An employer-friendly “contract coverage” standard to determine whether a unionized employer has improperly changed a policy or practice regarding a mandatory bargaining subject. In MV Transportation, Inc., 368 N.L.R.B. No. 66 (2019), the NLRB upheld an… Continue Reading
By Nelson Cary on Posted in Management,Negotiations,Union Membership,Union NegotiationsReversing a rule that has been in place for over 50 years, the NLRB has ruled that a “dues checkoff” provision in a union contract outlasts the termination of the contract establishing it. The 3-2 decision, which came out earlier this year, but was overshadowed by the hullabaloo over the joint employer decision, is a… Continue Reading
By Nelson Cary on Posted in Elections,NLRB,Union NegotiationsEarlier this year, the NLRB’s GC, who is responsible for enforcing the NLRA, continued his annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law Section. The GC answered questions the committee had collected from labor law practitioners around the country. A few weeks ago,… Continue Reading
By Linda Mendel and Nelson Cary on Posted in Courts,Union NegotiationsOn January 26, the U.S. Supreme Court handed down its opinion in M&G Polymers USA v. Tackett , providing guidance on one of the items on our 2015 to-do list a little earlier than expected. At issue in M&G was a collective bargaining agreement (“CBA”) provision calling for “a full Company contribution towards the cost… Continue Reading
