Employer Violated NLRA By Unilaterally Discontinuing Annual Pay Raises after CBA Expired: NLRB | Practical Law
In The Finley Hospital, the National Labor Relations Board (NLRB) held that an employer violated Section 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by unilaterally discontinuing annual pay raises provided for in a collective bargaining agreement (CBA) following the CBA's expiration. The NLRB adopted much of the reasoning and conclusions from a decision that was vacated in light of the US Supreme Court's decision in Noel Canning. The NLRB found that the CBA lacked language amounting to a clear and unmistakable waiver of the union's right (and the employer's obligation) to have the status quo maintained and, therefore, the employer was not permitted to make unilateral, post-expiration changes to the CBA.