Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: unilateral change

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

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

Employers Must Bargain Over Discretionary Discipline Before Agreement on First Contract

Posted in Management, NLRB
By Nelson Cary and James Patrick In Alan Ritchey, Inc., the NLRB recently adopted a new rule that will have an immediate impact on any employer attempting to negotiate an initial contract with a newly organized bargaining unit. Specifically, after a union becomes the employees’ bargaining representative, but before the parties have agreed to their first… Continue Reading

Employer Must Bargain With Union Over Rule Adopted to Comply with OSHA General Duty Clause

Posted in NLRB
Cell phones, iPods, radios, blue tooth earpieces:  common electronic gadgets in our world today.  Labor professionals frequently must decide how to appropriately regulate the use of these devices in the workplace.  This was the problem that confronted the employer in Warren Unilube, Inc., 358 N.L.R.B. No. 92 (July 31, 2012).  The employer operated a petroleum products plant. … Continue Reading