• Home
  • Contact
  • Union Bulletin Board
  • Your Health Benefits
  • Shop Steward Training Program
  • Online Grievance Form
  • Employees Rights to Join a Union
  • LEOSU-DC National Union Website
  • Join LEOSU-VA Local 104
  • Legal Counsel - Law Firm of Lally & Misir, LLP
  • Resource Page
  • Homeland Security News Wire
  • Law Enforcement News Wire
  • Beck Rights
  • Home
  • Contact
  • Union Bulletin Board
  • Your Health Benefits
  • Shop Steward Training Program
  • Online Grievance Form
  • Employees Rights to Join a Union
  • LEOSU-DC National Union Website
  • Join LEOSU-VA Local 104
  • Legal Counsel - Law Firm of Lally & Misir, LLP
  • Resource Page
  • Homeland Security News Wire
  • Law Enforcement News Wire
  • Beck Rights
LEOSU-VA LOCAL 104
  • Home
  • Contact
  • Union Bulletin Board
  • Your Health Benefits
  • Shop Steward Training Program
  • Online Grievance Form
  • Employees Rights to Join a Union
  • LEOSU-DC National Union Website
  • Join LEOSU-VA Local 104
  • Legal Counsel - Law Firm of Lally & Misir, LLP
  • Resource Page
  • Homeland Security News Wire
  • Law Enforcement News Wire
  • Beck Rights

Notice of Bargaining Obligation NLRB

Picture
​NOTICE OF BARGAINING OBLIGATION

In the recent representation election, a labor organization received a majority of the valid votes cast.  Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election.

The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse.

This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board).  If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court.  Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made.

It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings.  Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees.  This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization.  As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse.



Management and Union Rights and Obligaions in Collective Bargaining


Labor and Employment Law Seminar Private Sector Bargaining


Federal Labor Laws The Duty to Bargain

__________________________________________________________
1 Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response.

LEOSU-DC / VA Local 104 Online Shop Steward Training Course

LEOSU-DC / VA Local 104 Online Shop Steward Training Course providing up to date Information for Stewards, Local Union Officers, and LEOSU-DC / VA Local 104 Members who want to know more about their rights, the law & its protections, workplace issues and the benefits of having an LEOSU-DC / VA Local 104 Union Contract. 
Picture
Picture
Picture
Picture
Picture
Workplace Rights
  • Duty of Fair Representation
  • Union Rights – Management Rights – Recognition Clause
  • Weingarten Rights
  • Steward’s Rights

Negotiations/Contract
  • Negotiating a Union Contract
  • Breaking in a New Boss
  • Mid Contract Bargaining Changes
  • Mandatory and Permissive Subjects of Bargaining

Protecting Jobs
  • Protecting Jobs, Union Wages and Benefits

Worker-Friendly Laws
  • Using the FMLA
  • Military Service and Members’ Rights
  • Using ADA in the Workplace

Effective LEOSU-DC Local Unions
  • What’s the Union Ever Done for Me? Getting Free-Riders to Push
  • Welcoming New Employees Into the Union
  • Building a Healthy Union – Checklist

Grievance Handling
  • Union Members Have A Right to the Grievance Procedure
  • Grievance Procedure – Step 1
  • Information Requests
  • Investigating Grievances
  • Just Cause – Using the Seven Tests
  • On the Job: Avoiding the Pitfalls
  • Winning Past Practice Grievances
  • Grievance Procedure – Step 2
  • Investigating Grievances – NLRA
  • Whether or Not to Arbitrate
  • Shop Steward Books by Work Rights Press
  • Shop Steward Grievance Form

Collective Bargaining

  • Collective Bargaining Rights​
  • Notice of Bargaining Obligation NLRB

​
©2017 LEOSU-VA Local 104, Law Enforcement Officers Security Unions LEOSU-DC, a division of LEOSU, affiliated with the Law Enforcement Officers Security & Police Benevolent Association (LEOS-PBA) all rights reserved. ​
Powered by Create your own unique website with customizable templates.