The doctrine of contract coverage was taken up by the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (2019). The Chamber stated that it will “examine the clear language of the collective agreement to determine whether the actions taken by an employer fall within the compass or scope of the language of the contract, which give the employer the right to act unilaterally.” Id. The contract coverage doctrine waives an employer`s obligation to prove that the union clearly and unequivocally waived its right to negotiate changes made on the basis of the language of the contract. However, not everything about wages, hours and conditions of employment is negotiated. Some of these issues go beyond the framework of the negotiations. They are and remain in the prerogative of management during the status quo period. Among the obvious questions are: decisions on the reorganization of services; Decisions about the organization of activities or programs, recruitment decisions, decisions that go to the university`s mission, etc. Please keep in mind that while some management decisions are outside the negotiating framework, the effects of these decisions can be negotiated. Answer 1. When a contract expires without a new agreement, most conditions of employment are maintained as part of the legal functioning of the law under the status quo requirement. These include salaries, paid leave, seniority, etc. In general, changes to mandatory bargaining topics require an agreement with the union or a valid deadlock in the negotiations.
Negotiations for an estate contract continue, the contract expires or the parties agree to renew it. Last point: social partners should be aware of whether or not there is an “undue” clause in their collective agreement of expiry, a provision that automatically extends the collective agreement if the termination is not made in time. Failure to denounce such a contract would see negotiations on the terms of an estate agreement. As a general rule, when a collective agreement expires, the employer must continue to pay the same wages and benefits – and maintain most other terms of employment – until the parties reach a new agreement or a deadlock in negotiations. In short, the contract may have expired, but not the commitment. This rule arises from the rule that a unilateral change in a clause or condition of employment by an employer is contrary to the legal obligation to bargain in good faith. There is no doubt that the case law will be a clear “communication to skippers” in the context of collective bargaining, after the denunciation of a collective agreement that has lost its temporary validity. The shadow of the non-classification of working conditions and the application of a higher agreement, with more harmful hours and wages, will encourage negotiations for an agreement that will ensure the continuity of the agreement reached and avoid the application of the higher agreement if it is less advantageous for workers. 2o – On the other hand, the provision on safeguarding personal conditions enjoyed by any worker within the meaning of Article 8 of the collective agreement with a higher scope does not concern the maintenance of the normative conditions arising from the collective agreement previously in force, but on the strict ad personam as an improvement in legal or conventional conditions; and on the other hand, because it is far from possible to infer from its wording that the sectoral agreement aims to keep in force part of the agreement that has already disappeared. A11. Employers should first carefully review their employment contracts to determine whether they allow unilateral changes. For positions such as wages and benefits, unilateral measures can be a challenge.
In one way or another, employers and unions can discuss and accept the medium-term changes necessary to maintain the viability of the business at any time.