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Mississippi Power Co. v. National Labor Relations Board

A party may, by means of a "clear and unmistakable" waiver, relinquish its statutory right to bargain.

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Petition for Review & Cross Petition for Enforcement of an Order of the National Labor Relations Board

In 1997, an Administrative Law Judge (“ALJ”) ruled that the Petitioner, Mississippi Power Company (the “Company”), had violated Sections 8(a)(5) and (1) of the National Labor Relations Act (the “Act”)*fn2 when it refused to bargain collectively over currently announced but prospectively effective changes in some of the medical and life insurance benefits to be offered to some of the Company’s future retirees. In 2000, the National Labor Relations Board (the “Board”) affirmed the ALJ’s rulings, findings, and conclusions, and adopted his recommended order, with modifications.*fn3 The Company has petitioned for review of the Board’s order, and the Board has cross-petitioned for enforcement of its order.

We affirm those aspects of the Board’s order grounded in the determination that the Company’s announced prospective changes to future retirees’ life insurance benefits constituted a violation of the Act. We therefore deny the Company’s petition, and enforce the Board’s order insofar as it pertains to life insurance.

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