Agency Action

NLRB switches standard relating to CBA changes. The National Labor Relations Board (NLRB) in September adopted the "contract coverage" standard for determining whether a unionized employer's unilateral change in a term or condition of employment violates the National Labor Relations Act (NLRA). In doing so, the NLRB abandoned the "clear and unmistakable waiver" standard. Under the contract coverage standard, the Board will examine the plain language of the parties' collective bargaining agreement (CBA) to determine whether the change made by the employer was within the compass or scope of contractual language granting the employer the right to act unilaterally. If it was, the employer will not have violated the NLRA. If the CBA doesn't cover the employer's disputed action, the employer will have violated the Act unless it demonstrates the union waived its right to bargain over the change or it was privileged to act unilaterally for some other reason. The decision is M.V. Transportation, Inc. Read More...