Author Question: Does an employer violate the NLRA by making a unilateral change in a mandatory subject of ... (Read 73 times)

go.lag · **on:** Jun 24, 2018

Does an employer violate the NLRA by making a unilateral change in a mandatory subject of bargaining?

Question 2

Did FNM have a mandatory obligation to bargain about the effects of its decision to stop work at Greenpark?

smrerig · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Yes. An employer violates the NLRA by making a unilateral change in a mandatory subject of bargaining covered by Section 8(d). See NLRB v. Katz, 369 U.S. 736 743 (1962).

Answer to Question 2

Yes. The administrative law judge recommended an order, which the Board adopted, that required FNM to bargain about not only its decision to terminate the Greenpark operation but also the effects of the termination.. FNM consented to the enforcement of the Board's order concerning bar-gaining over the effects of the closing. An agreement was reached with the union regarding severance pay (see footnote on page 149 of the text). The Court states that there is no dispute that the union must be given a significant opportunity to bargain over the matters of job security as part of the effects bargaining mandated by Section 8(a)(5).