The union was certified in 2016 as an exclusive negotiator for all regular full-time and part-time nurses at the employer`s acute hospital. The union and the employer entered into collective bargaining starting in 2016 and entered into a collective agreement in 2018. During this period of collective bargaining, the union introduced a series of unfair labour practices against the employer. On the basis of these “principles,” the NRL did not consider the CBA to expire in the “defence of the respondent`s allegedly unlawful unilateral actions.” Thus, the NLRB found that the employer was required to maintain the status quo, in violation of the NRL, when it would not. When a collective agreement ends, it is no longer applicable as a contract (unless there are still unfilled rights and obligations under certain provisions, for example. B unpaid wages). However, according to the NLRA, the employer is required to maintain the status quo on all mandatory terms of employment until the parties reach a new collective agreement or a legitimate impasse. The Board recently considered whether a unilateral change had actually occurred at Huron Valley-Sinai Hospital, 369 NLRB No. 64 (April 28, 2020). Given the increasing scale of state intervention in the context of the COVID-19 epidemic, it is also possible that some state directives will put an end to collective agreements.
For example, the House of Representatives recently passed a bill that imposes additional sick and family leave for some workers. It is also possible that state injunctions may require temporary closure or work stoppage in some companies. Such orders cannot give employers and unions any choice but to make changes in the workplace that are not included in any CBA. At the conclusion of a hearing on the allegations, the administrative judge found that the employer engaged in several unfair labour practices, some of which were due to the employer`s unilateral actions, which had an impact on the terms of employment, without first dismissing the union and the opportunity to negotiate. In the case, the ALJ found that the employer had implemented a new break policy without negotiating with the union. KOIN-TV is a first impression case for the NLRB under MV Transportation, Inc., 368 NLRB No. 66 (2019). In this case, the NLRB decided that, in determining whether an employer had made an unlawful unilateral change, it would apply a “contract cover standard” instead of requiring the employer to prove the union “clearly and unambiguously” and would waive its right to negotiate the KBA amendment.