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NLRB Reverses Course and Holds that Dues Checkoff provisions of a labor contract survive contract expiration

Once again, the NLRB has reversed course and overruled prior case law. This time, the holding is that an employer cannot unilaterally stop union dues checkoff when a collective bargaining agreement ends. Reversals such as this can be expected because union-leaning members of the Board have a three-two majority. The issue is whether an employer, after contract expiration, can refuse to honor checkoff provisions in the expired labor agreement. This issue has been going back and forth since the 1960s. The decision that was reversed was a Trump-era NLRB decision when there was a three-two pro-business majority. Prior decisions on the subject treated it as strictly contractual and when the contract ended, an employer’s obligation under a dues checkoff provision also ended. Look for more of these reversals of course. As one could expect, there was a dissent by the minority members of the Board. Yesterday afternoon the Board’s Office of Public Affairs issued a press release which you can read here. Email me if you have any questions or you can reach me at 312.401.7444.

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