Union Contract Extension Rules
An employee may object to union membership on religious grounds, but in this case, he or she must pay an amount equal to the contributions to a non-religious charity. Until recently, there was a more compelling reason for unions to ask for an extension of their collective agreement. Until 2012, the NRLB precedent held for more than 50 years that an employer does not have to comply with the contribution settlement provisions of an expired collective agreement. As a result of this decision, a union could be financially paralyzed without an extension agreement by an employer who has simply decided not to pay dues to the union. The union would withdraw in search of direct payments. As part of a work action or lockout, failure to receive fees can be fatal. Fortunately, the NLRB adopted this rule in WKYC-TV, Inc. and NABET, Local 42, 359 NLRB No. 30 (2012). An employer is no longer allowed to withhold deductions from contributions made under an expired collective agreement. From now on, the employer must continue the contribution for the duration of the contract – just as he must comply with the other provisions of the agreement.
Employers have lost a valuable weapon. The NLRA allows employers and unions to enter into union security agreements, which require all workers in a collective bargaining unit to become members of the union and begin paying union dues and fees within 30 days of being hired. A9 The parties to the negotiations have in principle the right to adapt their contractual proposals to changing circumstances. Employers affected by the COVID-19 crisis may need to reassess whether proposals need to be modified based on changing business conditions, future economic prospects and the current overall health of the company. A6. Yes. Employers and unions can discuss and negotiate alternatives such as sharing proposals via email, conference call and virtual meetings. The Federal Mediation and Conciliation Service has some technology and may also be able to support the parties. All employers face a variety of legal, economic and operational challenges as they navigate a business environment that changes from day to day, and sometimes hour by hour. Those with unionized workforces must consider the NLRA`s additional obligations. The federal labour law principles needed to address these challenges are in place and can be applied by sound legal counsel to help employers develop appropriate solutions. In addition to the issues discussed above related to contract expiration, other important industrial relations concerns are addressed in our March 9, 2020 article “Industrial Relations During a Pandemic: Employers` Obligations Under the NLRA Following COVID-19.” Ogletree Deakins will continue to monitor and report on developments related to the COVID-19 pandemic and issue updates to the company with the goal of allowing a union to avoid a bargaining impasse for months or more.
In the box you will find suggestions. The time of the status quo can be a difficult time for managers. Much of management`s discretion with respect to the various terms and conditions of employment, wages and hours of work where no notification to the union was required will cease during the standstill period. Management must not unilaterally change work hours, sick leave procedures, performance evaluation procedures, work schedules such as shift changes, start and stop times, lunch hours, and not grant employees requests for flexible work schedules, etc. The loss of the right to bring new cases before an arbitral tribunal makes it difficult to combat remedial and disciplinary measures. However, the union may strike or threaten to strike for such actions, and it may file ULP fees if discipline is based on concerted activities such as hand-taking or picketing. The levying of fees is another matter. Until 2012, the NLRB and the courts allowed employers to stop collecting dues after a contract expired – discouraging many unions from pursuing a no-contract work strategy. But in a groundbreaking decision involving Cleveland`s WKYC TV, the NLRB ruled that its previous policy was flawed.
Negotiations on day-to-day issues. The union will have a greatly improved right to negotiate management`s day-to-day decisions (learn more about the workers who have used this strategy at IKEA here). .
