Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: clear and unmistakable

Are Management’s Actions “Covered”? NLRB Finally Adopts “Contract Coverage” Standard for Employer Unilateral Changes

Posted in Union Negotiations
Yesterday, 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

NLRB Says Halting Benefit Contributions is Unlawful

Posted in Negotiations, NLRB
Earlier this week I introduced a recent NLRB decision that addressed two significant issues for employers. The first issue – related to an employer access rule –was a largely illusory victory for the employer.  Today’s post focuses on the second issue, which related to the employer’s cessation of contributions to a union education fund. The… Continue Reading

Who Needs a 50-Year-Old Rule? Employers Must Now Continue Dues Deductions Even After Union Contract Expires

Posted in Management, Negotiations, Union Membership, Union Negotiations
Reversing 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