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David E. Schwartz and Risa M. Salins David E. Schwartz and Risa M. Salins

Continuing a trend that began in 2017, the National Labor Relations Board (Board) issued many decisions in recent months rolling back employee protections. A number of these decisions overturn years-old precedent. This column, the second of two examining developments from the Board, highlights important rulings impacting both unionized and non-unionized workplaces.

Unilateral Action

In MV Transportation, 368 NLRB 66 (Sept. 10, 2019), the Board reversed nearly 70 years of precedent and adopted a new standard for evaluating whether a collective bargaining agreement permits unilateral action by an employer. At issue was whether the employer violated Sections 8(a)(1) and (5) of the National Labor Relations Act (NLRA) by implementing new work policies concerning light duty assignments and disciplinary standards without first bargaining with the union to impasse.

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