National Labor Relations Board Makes It Difficult For Unionized Employers To Make Unilateral Changes

In a unionized workforce, employers generally cannot make unilateral changes to "mandatory subjects of bargaining" relating to the terms and conditions of employment without first providing the union with notice and an opportunity to bargain. Unless the union waives its right to bargain, a failure to provide notice and an opportunity to bargain over changes to mandatory subjects may constitute an unfair labor practice in violation of the National Labor Relations Act (NLRA).

In a recent decision, the National Labor Relations Board (NLRB or the "Board") raised the bar on an employer's ability to make unilateral changes. The dispute before the Board involved a company's decision to install cameras inside trucks for the purpose of monitoring employees. The Board considered whether the company violated the NLRA by failing to provide the union with notice and an opportunity to bargain over the decision to install the cameras. The case is Endurance Environmental