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Last August in Provena St. Joseph Medical Center , the National Labor Relations Board, in a 2-1 panel decision, upheld the traditional waiver standard in determining whether an employer's unilateral action is unlawful. It rejected the use of a "contract coverage" analysis that has been enunciated by two circuit courts of appeals. The board panel reasoned that "the clear and unmistakable waiver standard is firmly grounded in the policy of the NLRA favoring collective bargaining."
January 07, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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