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ARTICLE · 14 JANUARY 2025

Top Five Labor Law Developments For December 2024

Jackson Lewis P.C.
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The National Labor Relations Board returned to the "clear and unmistakable waiver" standard for analyzing the legality of unilateral changes to employees' terms and conditions of employment...

United StatesEmployment and HR
  1. The National Labor Relations Board returned to the "clear and unmistakable waiver" standard for analyzing the legality of unilateral changes to employees' terms and conditions of employment when there is an effective collective bargaining agreement. Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (Dec. 10, 2024). Under the clear and unmistakable waiver standard, the Board will no longer infer a union waived its right to bargain over a specific issue from the plain language of the parties' collective bargaining agreement. Rather, the Board will require the waiver of that issue to be "clear and unmistakable," making it harder for employers to defend unilateral changes without explicit contract language. The decision overturns the more employer-friendly "contract coverage" adopted in 2019. While the decision will be applied retroactively, the Board may face enforcement challenges due to conflicting standards in various circuit courts.

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