NLRB: Dues Deductions Can't Be Cut Off
                    December 20, 2012

In deciding the case, the NLRB held that a longstanding rule from 1962 was unjustified, and
further found that requiring employers to continue honoring dues-checkoff provisions after a
contract expires is consistent with the language and history of the National Labor Relations
Act (NLRA).

The Board explained that a dues-checkoff provision is a mandatory bargaining subject—like
wages, hours, and other terms and conditions of employment. As a general rule, employers
cannot unilaterally change mandatory subjects without bargaining in good faith until the
parties reach impasse. Most mandatory bargaining terms also remain in force according to
the labor contract's terms, even after the contract expires. Because of this, employers cannot
unilaterally modify these terms without violating the NLRA
When the contract between Gannett-owned WKYC-TV
Cleveland and NABET-CWA Local 42 expired and the
company stopped collecting dues from paychecks, the Union
filed a charge with the National Labor Relations Board. In a
decision that overturns 50 years of labor law precedent, the
NLRB has ruled that employers must continue to honor those
arrangements even after a collective bargaining agreement
expires, removing one weapon employers had in their arsenal
at the bargaining table.
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