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  • Top Five Labor Law Developments for December 2024 - Jackson Lewis

Top Five Labor Law Developments for December 2024 - Jackson Lewis

Thu, Jan 9, 2025 11:38 ET
in Press Release

  1. The National Labor Relations Board returned to the “clear and unmistakable waiver” standard for analyzing the legality of unilateral changes to employees’ terms and conditions of employment when there is an effective collective bargaining agreement. Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (Dec. 10, 2024). Under the clear and unmistakable waiver standard, the Board will no longer infer a union waived its right to bargain over a specific issue from the plain language of the parties’ collective bargaining agreement. Rather, the Board will require the waiver of that issue to be “clear and unmistakable,” making it harder for employers to defend unilateral changes without explicit contract language. The decision overturns the more employer-friendly “contract coverage” adopted in 2019. While the decision will be applied retroactively, the Board may face enforcement challenges due to conflicting standards in various circuit courts.
  2. The U.S. Senate blocked President Joe Biden’s renomination of Board Chair Lauren McFerran. Had the Senate confirmed McFerran, the Board would have retained its Democratic majority through Aug. 27, 2026, and likely continued its track of issuing labor-friendly decisions. President-Elect Donald Trump will be able to nominate two Republicans to the Board’s vacant seats, creating a 3-2 Republican Board majority and likely expedite employer-friendly decisions. Trump is also expected to discharge the Board’s current General Counsel...


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