Unilateral Change Collective Bargaining Agreement
At the conclusion of a hearing on the allegations, the administrative judge found that the employer engaged in several unfair labour practices, some of which were due to the employer`s unilateral actions, which had an impact on the terms of employment, without first dismissing the union and the opportunity to negotiate. In the case, the ALJ found that the employer had implemented a new break policy without negotiating with the union. In 2019, the “Summer of Love” was for employers on the Trump administration`s National Labor Relations Board (“Board” or “NLRB”). In recent weeks, the Board of Directors has adopted a handful of employer-friendly decisions on issues such as poor classification of workers, the rights of trade union organizations and the appropriate level of a proposal for a bargaining unit. Perhaps the most ambitious decision was made on September 10, when the Board of Directors facilitated a unionized employer`s ability to make unilateral changes to the terms of employment. In M.V. Transportation, Inc. (368 NLRB No. 66), the Commission has made decades of precedents in renouncing the “clear and manifest waiver” standard in favour of the “contract recovery test” for the evaluation of unilateral amendments.
Many collective agreements contain force majeure provisions that exempt part of the obligation to fulfill their contractual obligations on the basis of exceptional and uncontrollable circumstances. The appearance of COVID-19 may be considered a circumstance covered by such a provision. The application of a force majeure provision could also be affected by the extent of the spread or prevalence of the virus outbreak in an employer`s region, as well as by government directives and statements. The Board recently considered whether a unilateral change had actually occurred at Huron Valley-Sinai Hospital, 369 NLRB No. 64 (April 28, 2020). When the extended agreement expired, the employer made two changes: Section 8 (d) of the Act defines what falls within the collective agreement. Section 8 (a) (5) of the Act makes it an unfair labour practice for an employer to “refuse collective bargaining with the representatives of its workers, subject to the provisions of paragraph 9 (a) of the Act. (An employer who opposes Section 8 (a) (5) is also contrary to Section 8 (a) (1).) For example, you should not challenge the clear and obvious standard of waiver of contractual remedies and arbitration procedures, because unions that oppose a change of employer would submit unfair labour practices to the board of directors instead of using the dispute resolution procedure agreed upon by the parties.