However, not everything concerning wages, working time and working conditions is subject to negotiation. Some of these issues go beyond the framework of the negotiations. They are and will remain in the prerogative of management during the standstill period. Among the obvious, but not limited to: decisions on the reorganization of services; Decisions regarding the organization of activities or programs, hiring decisions, decisions that go to the mission of the university, etc. Please remember that if some management decisions are outside the scope of the negotiations, the effects of those decisions may be negotiable. Although the employer argued that the parties` intention to stop the benefit at the end of the contract was clear, the ninth circle disagreed. The wording simply stated that the benefit would continue throughout the term of the contract, but did not explicitly indicate what would happen after the expiry. As a result, the union did not clearly and unambiguously waive its right to protection against unilateral changes after the agreements expired. For these reasons, the Ninth Circle annulled the decision of the Board of Directors. (He referred the case to the board of directors to resolve a more fundamental question: Is royalty billing a condition of employment and therefore a mandatory bargaining ground in states with the right to work – where workers are not obliged to join the union? Background: The parties` KNA contained a clause on management rights and provisions on staff planning and staff travel. The management rights clause gave the employer the power to “establish work rules that are in place. not to violate the conditions and provisions of the [CBA]”.; While the CBA required the employer to publish timelines at least two weeks in advance, the employer had a well-established practice of publishing timelines four months in advance. At the end of the KNA, the employer made two changes in the working and employment conditions of the workers.
First, the employer began publishing work plans two weeks in advance, which corresponded to the expired KNA provision, but was a change from the usual practice of four-month prison. Second, the employer introduced a requirement that employees conduct an annual check of the driver`s background. The employer acknowledged that both amendments were made unilaterally and without notice or negotiation with the union. The union claimed that both amendments were contrary to Section 8(a)(5) of the NLRA. Working time The university`s ability to offer compensatory free time for overtime pay (CTO) lapses when the contract expires. Without the explicit consent of the union on behalf of all authorized workers, overtime and bonus overtime must be paid in cash. It goes without saying that employees can continue to use banked CTO in accordance with the current working conditions described in the contract. The principle that the status quo must be respected after the expiration of a collective agreement was established by the National Labor Relations Board and was upheld by the Supreme Court of NLRB v. Katz, 369 U.p. 736 (1962). .