By: Kristofor L. Hanson<\/p>\n
In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues \u2013 otherwise known as dues checkoff \u2013 from workers\u2019 paychecks even after collective bargaining agreements containing such provisions expire. Valley Hospital Medical Center, Inc.<\/em>, N.L.R.B., Case 28-CA-213783 (Sept. 30, 2022). This ruling represents a return to the standard of the Board under President Obama after just three years during which dues checkoff could be discontinued in the event of contract expiration.<\/p>\n The Board relied on precedent that states that employers and unions must maintain the \u201cstatus quo\u201d when a CBA expires, and found that there has been no cogent explanation by the Board or courts as to why that did not apply to dues checkoff.\u00a0 The Board stated that its decision \u201cdefinitively resolves this issue by confirming that it is a violation of the Act to unilaterally stop dues checkoff when a contract expires.\u201d<\/p>\n The decision is clearly favorable to unions as they have become increasingly concerned with their ability to continue dues collection once a contract expires, a vital conduit for union revenue. This decision likewise ends the availability of this economic weapon for employers in the face of labor strife.<\/p>\n Employers must now maintain dues checkoff along with wages, benefits, and other terms and conditions of workers\u2019 employment upon the expiration of a collective bargaining agreement. This was an objective of Board General Counsel Jennifer Abruzzo once her nomination was approved by Congress.<\/p>\n Lindner & Marsack, S.C. represents employers in all areas of labor and employment law.\u00a0 If you have any questions about the recent ruling by the National Labor Relations Board or any other labor or employment issue involving your business, please contact us at any time.<\/p>\n","protected":false},"excerpt":{"rendered":" By: Kristofor L. Hanson In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues \u2013 otherwise known as dues checkoff \u2013 from workers\u2019 paychecks even after collective bargaining agreements containing such provisions expire. Valley Hospital Medical Center, Inc., N.L.R.B., Case 28-CA-213783 (Sept. 30, 2022). This ruling […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[6,13],"tags":[],"class_list":["post-1042","post","type-post","status-publish","format-standard","hentry","category-nlrb","category-unionscollective-bargaining"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p5WrIF-gO","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1042","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/comments?post=1042"}],"version-history":[{"count":1,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1042\/revisions"}],"predecessor-version":[{"id":1043,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1042\/revisions\/1043"}],"wp:attachment":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/media?parent=1042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/categories?post=1042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/tags?post=1042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}