U.S. National Labor Relations Board (NLRB) Again Requires "Clear and Unmistakable" Standard for Waiver of Statutory Right to Bargain

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 On 12/10/24, the U.S. National Labor Relations Board (NLRB) issued a decision in Endurance Environmental Solutions, LLC, in which it reinstated a prior NLRB standard and overruled MV Transportation, Inc., 368 NLRB 66 (2019), and disallowed the "contract coverage" test in which employers could argue unilateral changes to working conditions were permissible if within the scope of contract language or whether the issue was discussed during the parties bargaining history, and finding that there must be a "clear and unmistakable waiver" of an issue by a union:

https://www.nlrb.gov/news-outreach/news-story/board-returns-to-clear-and-unmistakable-waiver-standard
https://apps.nlrb.gov/link/document.aspx/09031d4583eb2156


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