Smith Amundsen reports in “Why Yes Employer, You Must Continue to Deduct Union Dues From Your Employee’s Wages Even After Contract Expiration” by John R. Hayes on October 7, 2022 that:
In another glaring example of the National Labor Relations Board (“NLRB” or “Board”) moving further away from the previous administration, the Board recently held that employers must continue deducting union dues from workers’ paychecks (referred to as “dues checkoff”) as agreed in their collective bargaining agreements (“CBAs”), even after those agreements expire. The decision reverses a 2019 ruling made under the Trump administration.
The NLRB’s 3-2 decision (both Republican members dissented) in Valley Hospital Medical Center, Inc., which was on remand from the Ninth Circuit, found that employers may not unilaterally stop dues checkoff upon the expiration of a CBA. This ruling reinstates an Obama-era requirement keeping dues-checkoff arrangements in force even after the CBA expires.
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From TMA’s weekly E-News Bulletin October 13, 2022