classic Classic list List threaded Threaded
1 message Options
Reply | Threaded
Open this post in threaded view



E.I. DUPONT - NLRB 3-28-11 (Appellate Brief NLRB General Counsel)

The proscription against unilateral changes in terms and conditions of employment applies with full force “where, as here, an existing agreement has expired and negotiations on a new one have yet to be completed.”87

When the contract expires, “terms and conditions continue in effect by operation of the NLRA. They are no longer agreed-upon terms; they are terms imposed by law, at least so far as there is no unilateral right to change them.”88

This is required “in order to protect the statutory right to bargain.”89

 This Court has noted the serious damage inflicted by an employer’s implementation of unilateral changes to terms and conditions of employment: A unilateral change not only violates the plain requirement that the parties bargain over “wages, hours, and other terms and conditions,” but also injures the process of collective bargaining itself.

“Such unilateral action minimizes the influence of organized bargaining. It interferes with the right of self organization by emphasizing to the employees that there is no necessity for a collective bargaining agent.”90

86 Litton Fin. Printing Div. v. NLRB, 501 U.S. 190, 198 (1991).
87 Id. at 198.
88 Id. at 206.
89 Id.
90 NLRB v. McClatchy Newspapers, 964 F.2d 1153, 1162 (D.C. Cir. 1992) (quoting
May Dep’t Stores Co. v. NLRB, 326 U.S. 376, 385 (1945)).

- 22 -
For this reason, a violation of Section 8(a)(5) also derivatively violates Section 8(a)(1) of the Act: unilateral changes tend “to interfere with, restrain, or coerce employees in the exercise of” their right to engage in concerted activity.91

As the Supreme Court observed in NLRB v. Katz, unilateral changes “plainly frustrate[]the statutory objective of establishing working conditions through bargaining.”92

The Contract expires in 1-1/2 hours & this becomes operative.

The Unilateral Changes also include the UBCJA's & the Contractor Association intent to coerce Judge Berman into accepting and approving the May 26, 2011 Restructuring Plan, in which the UBCJA has intentionally left it out - so Doug McCarron and Frank Spencer can back door it as an after the fact Unilateral Change to the Contract.

Thats fraudulent inducement and it is also illegal.

The SKILLS FORM is a Revocation of your Journeyman status and will come with the UBC's mandatory reclassification of 20k brothers & sisters to the Apprenticeship level wages, replete with a 40% reduction to your Hourly Wage.

Do not sign it!

There are a half dozen+ major Supreme Court precedent decisions which declare these practices & tactics as Facially Unlawful.


June 30, 2011 10:42 PM