President Trump’s Anticipated Effect on Management Rights Clauses

In 2016 the National Labor Relations Board maintained its generally pro-union, anti-employer stance in ways that affect both unionized and non-unionized employers. The Board currently has two openings, which, once President Trump fills, will result in a pro-business NLRB. However, due to the Board’s rules, employers might not see immediate improvement. After all it wasn’t…
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Management Rights Clause: Not an Automatic “No Need to Bargain” Clause

A  company had a management rights clause in its collective bargaining agreement that, among other things, gave it the right to: “adopt and enforce rules and regulations and policies and procedures.” Relying on that clause, the company unilaterally adopted new work rules and a new attendance policy. It also denied the union’s request to receive…
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Youngstown Hospital Modifying its Nurse Staffing Model to the Chagrin of the Nurses’ Union

ValleyCare Trumbull Memorial Hospital notified the Service Employees International Union District 1199, covering nurses who work at the Hospital, of its intent to transition to a nurse staffing model that uses only registered nurses (RN) and nursing assistants. The Hospital will lay off over 40 licensed practical nurses (LPN). LPNs have typically received an associate…
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Faucet Company Stopwatches Bathroom Breaks

After losing 120 production hours in May because of unscheduled bathroom breaks, WaterSaver Faucet Co. unilaterally implemented a policy prohibiting employees from taking restroom breaks lasting more than 6 minutes. While draconian on its face, employees are able to use the washroom during their 10-minute morning break, 30-minute lunch break, 15-minute afternoon break, and 5-minute…
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Key Provisions of Collective Bargaining Agreements (Part 1)

Collective bargaining agreements contain many different clauses. Some clauses are more important than others, but all clauses in a labor contract must be negotiated between the union and the employer. I consider the following clauses to be some of the most important provisions of a contract; recognition, management rights, dues check off, no strike /…
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