NLRB Reinstates Prior "Clear and Unmistakable" Standard For Waivers of Statutory Right to Bargain
Briefly

On December 10, 2024, the NLRB reinstated a prior standard requiring employers to bargain over changes to workers' conditions, overturning the MV Transportation decision.
The Endurance ruling emphasizes that the previous 'contract coverage' test undermined the National Labor Relations Act’s goal of promoting industrial stability through collective bargaining processes.
By reversing MV Transportation, the NLRB highlighted the importance of adhering to foundational policies in labor relations that encourage negotiation rather than unilateral employer actions.
The NLRB's decision reinforces a historical precedent that insists on clear and unmistakable waivers of statutory rights, advocating for greater union protections in workplace conditions.
Read at Callaborlaw
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