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T☭ump’s NLRB Just Made It Easier For Employers To Alter Contracts Without Asking Unions First
T☭ump’s NLRB Just Made It Easier For Employers To Alter Contracts Without Asking Unions First
The Trump Administration, via the NLRB, has once again sided on the side of employers at the cost of unions and their members.
Specifically, the test for whether an employer can unilaterally alter the provisions of a contract has become much easier for employers. Gone is the old “clear and unmistakable waiver” test. Replacing it is the “contract coverage” standard.
“In a decision issued today, the National Labor Relations Board adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment violates the National Labor Relations Act. In doing so, the Board abandoned the ‘clear and unmistakable waiver’ standard, which has been rejected by several federal courts of appeals, notably including the Court of Appeals for the District of Columbia Circuit, which has plenary jurisdiction to review Board rulings.
Specifically, the test for whether an employer can unilaterally alter the provisions of a contract has become much easier for employers. Gone is the old “clear and unmistakable waiver” test. Replacing it is the “contract coverage” standard.
“In a decision issued today, the National Labor Relations Board adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment violates the National Labor Relations Act. In doing so, the Board abandoned the ‘clear and unmistakable waiver’ standard, which has been rejected by several federal courts of appeals, notably including the Court of Appeals for the District of Columbia Circuit, which has plenary jurisdiction to review Board rulings.
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