Bargaining Rights Ruling Is A Major Change In NLRB Doctrine

Law360 (September 20, 2019, 12:05 PM EDT) -- In a major change of labor law doctrine, the National Labor Relations Board, in M.V. Transportation Inc.,[1] abandoned the board’s long-standing requirement for a clear and unmistakable waiver of union bargaining rights before an employer can make unilateral changes during the term of a collective bargaining agreement. 

Now, the board will make a relatively cursory examination of contract language only to determine whether there was contract coverage that generally allowed the unilateral action in question. If there is contract coverage, then no bargaining violation will be found.

Doctrinal changes in labor law this substantial are not common. M.V. Transportation effects historic...

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