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National Labor Relations Board › Unilateral Modification › Collective Bargaining Agreements (CBA)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

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This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Epstein Becker & Green

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

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As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

Amundsen Davis LLC

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

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The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more

Cozen O'Connor

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

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In MV Transportation, Inc., a 3 to 1 majority of the National Labor Relations Board recently abandoned the “clear and unmistakable waiver” standard that the Board had historically used to determine whether unilateral changes...more

Clark Hill PLC

Labor Board Adopts Common Sense “Contract Coverage” Standard to Evaluate Lawfulness of Employer Unilateral Actions Under...

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Private sector unionized employers will now have more certainty in making unilateral work rule and policy modifications as a result of the National Labor Relations Board’s (“Board”) decision in MV Transportation, Inc., 368...more

BakerHostetler

NLRB Adopts Standard Making it Easier for Employers to Make Unilateral Changes to Working Conditions

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Labor Board Ditches the “Clear and Unmistakable Waiver” Standard in Favor of the Employer-Friendly “Contract Coverage” Test - 2019 has been the “Summer of Love” for employers at the Trump-administration National Labor...more

Snell & Wilmer

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

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It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more

Littler

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

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Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands.  Many employers signatory to a collective...more

Bond Schoeneck & King PLLC

NLRB Adopts Employer-Friendly "Contract Coverage" Standard for Determining Whether Unilateral Changes Violate the NLRA

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On September 10, 2019, the National Labor Relations Board issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the...more

ArentFox Schiff

They've Got You Covered: NLRB Makes it Easier for Employers to Make Unilateral Changes

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Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...more

Dorsey & Whitney LLP

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

Dorsey & Whitney LLP on

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

FordHarrison

NLRB Changes Course on Unilateral Employer Action Standard

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In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

Jackson Lewis P.C.

Labor Board Adopts ‘Contract Coverage’ Standard In Unilateral Change Cases, Overturns Precedent

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The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA)....more

Sheppard Mullin Richter & Hampton LLP

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

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A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more

Foley Hoag LLP

NLRB Adopts "Contract Coverage" Standard

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New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement - On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor...more

Seyfarth Shaw LLP

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

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Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

Polsinelli

NLRB Approves Unilateral Benefits Changes Consistent with Past Practice

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In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ruled that E.I. DuPont De Nemours and Company (“DuPont”) did not violate the National Labor Relations Act ( “Act”) by implementing unilateral changes...more

Akerman LLP - HR Defense

New NLRB Decisions Favor Employers

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With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

Seyfarth Shaw LLP

Board Defers to Arbitrator’s Award Upholding Management Rights–But for How Long?

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Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such...more

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