Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: good faith

NLRB Returns to Former Stance on Employers’ Obligations to Continues Dues Checkoff after CBAs Expire

Posted in Strikes, Union Negotiations
On Monday, the NLRB reinstated its long-standing position that the NLRA does not require employers to continue dues checkoff after the expiration of a collective bargaining agreement. The case, entitled Valley Hospital Medical Center, 368 N.L.R.B. No. 139 (“Valley Hospital”), came after a four-year-long departure from that long-standing position. Many labor professionals may see 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

Requesting Police Enforcement of Trespass Law is a “Petition” to the Government

Posted in Courts, Unions
The First Amendment to the United States Constitution protects the right of the people “to petition the Government for a redress of grievances.”  Courts have concluded that when a person petitions the Government in good faith, the First Amendment prohibits any sanction for that conduct.  Applied in the labor law context, therefore, employer conduct that… Continue Reading