NLRB Limits Employer's Ability To Make Unilateral Changes

The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer's unilateral changes to the terms and conditions of employment violate the National Labor Relations Act (NLRA). Going forward, an employer acting unilaterally must show that the union surrendered its right to bargain through a "clear and unmistakable waiver." This significantly raises the bar employers must clear to act unilaterally, while providing unions with more avenues to challenge employer actions.

MV Transportation and the 'Contract Coverage' Standard

Collective bargaining agreements (CBAs) often contain "management rights" language that permits the employer to act unilaterally in certain areas without first bargaining with a union. This language might be generally phrased (recognizing the employer's right to direct its employees) or more specific (recognizing the employer's right to specifically adopt work rules around attendance).