NLRB Returns to "Clear and Unmistakable Waiver" Standard for Unilateral Changes
By EsqSocial Corporation 20/12/24
On December 10, 2024, the National Labor Relations Board issued a decision reinstating its prior standard for determining whether a union has contractually waived its right to bargain over changes to terms and conditions of employment. In Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), the current Democratic-majority Board reversed the “contract coverage” standard adopted by the Trump-era Board in 2019 and reinstated a “clear and unmistakable waiver” standard, ultimately making...
By: Littler