Dark Clouds Gather At The National Labor Relations Board

On December 10, the five-member board, still under Democratic control, issued a long-awaited decision freeing unions from the most deleterious features of management-rights clauses.

The case, Endurance Environmental Solutions, LLC, overruled MV Transportation, a 2019 decree from Donald Trump’s first term in office.

MV Transportation created an outrageous presumption that unions which agree to generally worded management-rights clauses intend to give employers a right to change work rules, hours, or other conditions of work without giving prior notice or extending an opportunity to bargain.

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