Layoffs pose the “least” NLRB and union-related “risk” when there is specific and express language in a current collective bargaining agreement giving the company the right to lay off, setting the specific limits if any, and there is at least 2 weeks’ prior notice (or greater if WARN applies). Often there is not clear layoff or management rights terms, and not much time for advance notice but a layoff will still need to proceed.
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