A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights and the first contract. Given the limited set of circumstances one doesn’t see a whole lot of
section 8(a)(5)
Circuit Court Rejects Attack On NLRB’s New Witness Rule
By Mark Theodore on
During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be employees entitled to organize, and found that two employers may have to bargain together. The…
Union Adherent’s Antics Not Protected By Act, NLRB Rules
By Mark Theodore on
The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a situation where an employee-union adherent engaged in behavior ultimately found to be…
Employer Did Not Violate Duty To Bargain Over Change To Christmas Gift Policy, NLRB Rules
By Mark Theodore on
What would the holiday season be without a Christmas gift case? A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over before (bah humbug) discontinuing. See, e.g., Q-1 Motor Express, Inc., 323 NLRB 767, 775…
NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents
By Mark Theodore on
In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in the parties’ contract. This is certainly odd because the…
Employer Claims Of Unprofitability And Competitive Disadvantage Enough To Trigger Audit Of Financials By Union, NLRB Majority Concludes
By Mark Theodore on
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations made at the regional level, as the agency attempts to pump up its…
Non-Compete Agreement A Mandatory Subject of Bargaining, NLRB Rules
By Mark Theodore on
The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and there’s the paperwork. Seemingly endless mounds of paperwork. New employees are asked…
NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes
By Mark Theodore on
Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be negotiated before changes can be made. Sometimes, however, the parties agree that management can make changes…