Finley Hospital - Beware The "Dynamic" Status Quo

One of the bedrock and usually easily understood principles underlying the National Labor Relations Act is that once a union gets involved with your employees, your right to make and implement unilateral decisions about wages, benefits, and other terms and conditions of employment can be severely constrained. When you change the "status quo" in the context of a union organizing campaign, you invariably get an unfair labor practice charge alleging one of two things: either you granted a benefit to dissuade employees from voting for a union or you withdrew a benefit to retaliate against employees for engaging in union organizing. If your employees have voted to have a union represent them and you make unilateral changes without bargaining, you again commit an unfair labor practice by refusing to bargain in good faith, and any change implemented (typically only a "negative" one) is subject to reversal if the union decides to challenge it. What about when change is the