clear and unmistakable waiver

The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions that represented its employees. E.I. Du Pont De Nemours and Co., 368 NLRB No. 48 (Sept. 4, 2019).

The NLRB found

The NLRB has found an employer’s unilateral implementation of a requirement that employees represented by a union sign the notes taken by a management representative during an investigative  interview attesting to their  veracity violates the National Labor Relations Act.  Murtis Taylor Human Services Systems, 360 NLRB No. 66 (2014).  The new signature requirement was