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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Past Practices: Usually Not an Employer’s Friend

A past practice is a pattern of prior conduct consistently undertaken in recurring situations to the point that it evolves into an understanding between the company and the union that the practice is the appropriate course of action. A past practice can be used to clarify ambiguous language in a contract and can be used…
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