What Can The Industrial Metals Industry Expect From The National Labor Relations Board?

The National Law Review recently provided an update on what ruling the manufacturing and industrial metals industry can expect from the National Labor Relations Board (NLRB) in the coming months.

As a reminder, the NLRB interprets what the National Labor Relations Act, or NLRA, means for employers and their interactions with employees and labor unions. (The NLRA covers both unionized and non-unionized workplaces.)

General Counsel Jennifer Abruzzo is the NLRB’s de facto “prosecutor” and she has made it clear that enforcement and pushing the five member board to be more favorable to labor unions is a priority.

According to The National Law Review, these are the four top issues that could affect the broad manufacturing industry:

• Card Check. In Congress, attempts to replace the secret ballot union election process with card check have failed so General Counsel Abruzzo may seek an NLRB ruling that says that “employers that commit unfair labor practices, or that cannot offer a legitimate reason for doubting a union’s claim of majority support, must recognize the union based on majority support as evidenced by signed authorization cards.”
• Quickie Strikes. Quickie strikes, which can impede production, are when employees intermittently walk off the job for short periods. Employers cannot use replacement workers since strikers return to work before the replacements can be hired. Currently, quickie strikes are treated as unprotected activity, meaning strikers can be disciplined or fired. General Counsel Abruzzo “has indicated she will seek to narrow the definition of what constitutes an unprotected quickie or intermittent strike,” an outcome that would expose employers to more quickie strikes.
• Currently, a company that acquires a unionized business generally can “reject an existing union contract and set the initial terms and conditions of employment for the employees of the acquired company.” Therefore, acquiring businesses may implement pay, benefits, and other working conditions that differ from those outlined in the prior union contract. General Counsel Abruzzo has indicated she would like to place limits on a purchaser’s right to make changes and require the terms of the union contract be honored.
• Status Quo Obligation Expansion. Currently, when a collective bargaining agreement expires, an employer must maintain the status quo for wages, benefits, and other working conditions until a new contract is reached or bargaining comes to an impasse. The status quo obligation does not require an employer to continue making the increases after the contract expires, however, at least in most cases. General Counsel Abruzzo is likely to ask the NLRB for a change to require pay and benefit increases over the full term of a contract.

MSCI is part of the Coalition for a Democratic Workplace (CDW), which engages with the NLRB on these and other matters. Click here to read more about the CDW’s positions.