What Goes Around Comes Around
The Obama Labor Board has issued many decisions changing longstanding legal principles and practices that have been applicable to collective bargaining. Thus, a process that has always been fraught with legal uncertainties and risks has been made even more daunting in recent years. For example, Board law now requires an employer bargaining its first contract to negotiate with a union before taking certain kinds of disciplinary action against employees. Changes have also occurred in longstanding principles regarding post-contract applicability of certain contract clauses, for example checkoff provisions. Likewise, changes have occurred in longstanding principles that provided guidance on the kinds of information an employer is required to provide a union.