Sunday, May 31, 2009
Tribune Publishing v NLRB, ___F.3d___(D.C. Cir. April 28, 2009), is an interesting decision. The D.C. Circuit affirms a decision of the NLRB which held that an employer committed a ULP when it unilaterally discontinued using its direct deposit system to collect union dues. The parties' collective bargaining agreement, which contained a provision for payroll deduction of union dues, expired in 2001, at which point the parties briefly agreed to use the company's direct deposit system to collect the dues. When the employer unilaterally discontinued the practice, the union filed a complaint with the NLRB. The Board found the unilateral cancellation was unlawful. The DC Circuit affirmed, ruling the second agreement, although never reduced to writing, represented a new agreement that imposed new requirements. In creating the new agreement, the parties implemented a term and condition of employment that the employer could not unilaterally discontinue.
Mitchell H. Rubinstein