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  1. 30 Αυγ 2023 · The Board held that an employer’s past practice of unilateral changes that was developed under a management-rights clause in a collective-bargaining agreement cannot authorize unilateral changes made after the agreement expires and while bargaining for a new agreement is under way.

  2. 10 Σεπ 2019 · Under the now-abandoned “clear and unmistakable waiver” standard, the Board would find that an employer’s unilateral change violated the Act unless a contractual provision unequivocally and specifically referred to the type of employer action at issue.

  3. Make unilateral changes in terms and conditions of employment during the term of a collective-bargaining agreement, unless the union has clearly and unmistakably waived its right to bargain or the change is too minor to require bargaining.

  4. When an employer wants to provide new uniforms, change its health care plan, revise its absenteeism policy, or require employees to sign a confidentiality agreement, it must consider whether it must provide the union with notice and the opportunity to bargain before imple-menting the change.

  5. 16 Μαρ 2016 · In practical terms, this means that when negotiating agreements employers should: 1) seek language that affords flexibility and allows modifications to benefit plans; 2) avoid provisions that require union approval for any changes or only after bargaining with the union or that state that any changes to be “equal or better” than those presently ...

  6. 5 Ιουν 2024 · Unilateral Change: A unilateral change occurs when an employer makes a material change to a mandatory subject of bargaining (such as wages) without first notifying the union and providing an opportunity to bargain over the change. Unilateral changes violate Section 8(a)(5)'s duty to bargain in good faith.

  7. Under the contract coverage standard, rather than requiring a specific and unequivocal expression of a “mutual intention to permit unilateral employer action,” the NLRB will evaluate whether the contract covers the employer’s change by “applying ordinary principles of contract interpretation.”

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