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Expired Collective Bargaining Agreement

At Nexstar, the NLRB considered whether the doctrine of contractual coverage presented in MV Transportation should also apply to terms of employment after the termination of a collective agreement. The NLRB found that this was generally not the case. In concrete terms, the Commission stated that “[T]he plans in an expired collective agreement would not cover any unilateral changes at the expiry of the agreement, unless the agreement contains a language expressly providing that the provision in question will survive the expiry of the contract.” On the other hand, the Chamber also found that an employer does not make a “change” in Katz`s sense if it continues to do what it has done in the past – whereas a CBA has expired or not, that a CBA was in effect at the time of the employer`s previous actions. In Raytheon Network Centric Systems, 365 NLRB No. 161 (2017), the Commission recently confirmed the unilateral modification of an employer`s medical plans at the expiry of the contract and decided that an employer could be free to make unilateral changes at the expiry of working conditions, without any prior negotiation, if these changes were consistent with similar unilateral measures, particularly in previous years on the same date. In the House`s view, unilateral measures are only a “change” in Katz`s sense if they are significantly different from what has happened in the past. Unilateral changes, consistent with established and proven past practices, therefore do not constitute a real change in established working conditions and therefore do not constitute real changes in the status quo in Katz`s sense. Therefore, an employer may make such unilateral changes, regardless of the course of its KBA, even if the employer and the Union are actively negotiating a new KBA and are not in a negotiating impasse. The provisions of an expired collective agreement (CBA) do not cover unilateral changes following the expiry of the National Labor Relations Act (NLRA), unless the expired CBA explicitly contains a language that provides that the provision in question survives the expiry of the contract, the National Labor Relations Board (NLRB) has decided. KOIN-TV, 369 NLRB 61 (21.04.2020). Background: The parties` CBA contained a management right clause as well as provisions relating to staff planning and employee travel. The management right clause gives the employer the power of “work rules…

Do not violate the provisions and provisions of the CBA. While the CBA required the employer to publish schedules at least two weeks in advance, the employer had an established practice of booking schedules four months in advance. After the expiration of the KBA, the employer made two changes to the conditions of employment of the workers. First, the employer began sending work schedules two weeks in advance, which was consistent with the expired CBA plan, but was a change from the established detachment practice four months earlier. Second, the employer introduced the requirement for workers to conduct an annual baseline review.