Faculty Scholarship Repository
A Service of the Ross-Blakley Law Library
| Book Chapter |
| Breach of Contract and Section 8(a)(5) of the National Labor Relations Act |
| George Schatzki |
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Labor Law Developments 1972, Proceedings on the Eighteenth Annual Institute on Labor Law Sw. Legal Found. ed., Matthew Bender 1972 |
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Abstract: In 1971, the National Labor Relations Board decided the Collyer Insulated Wire case. In Collyer, the Board held that it would not determine whether unilateral changes made by an employer violated the National Labor Relations Act. This paper examines Collyer and the role of the Board in deciding whether an employer has violated Section 8(a)(5) of the National Labor Relations Act when he engages in unilateral acts during the term of the collective bargaining contract, and suggests some qualification and extension of the Collyer decision. This paper also discusses the Board’s “clear and unmistakable waiver†rule, when the Board should defer to the “usual†machinery for contract dispute resolution, and whether a breach of a collective bargaining contract is or ought to be in and of itself an unfair labor practice. (from introduction)Keywords: National Labor Relations Board, National Labor Relations Act, collective bargaining contract |
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