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 Negotiations,NLRBEarlier 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
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
