In Raytheon Network Centric Systems, 365 NLRB No. 161, the National Labor Relations Board (“NLRB”) issued a ruling affecting bargaining obligations that are required before implementing a unilateral “change” in employment matters. Until 2016, when the NLRB decided E.I. du Pont de Nemours, 364 NLRB No. 113, the NLRB had found that an employer was not obligated to bargain before making unilateral changes when it followed a well-established past practice.
In the 2016 DuPont decision, the NLRB held that even if an employer acted consistently with past practice, if a collective bargaining agreement (“CBA”) had expired and was no longer in effect, bargaining would always be required. Specifically, the NLRB had required the employer to Continue reading