Alaris Health at Boulevard East v. National Labor Relations Board
AdministrativeLaw Arbitration ERISA DueProcess LaborRelations Privacy JusticiabilityDoctri
Whether clauses in an expired collective bargaining agreement form part of the status quo that must be maintained after contract expiration, and whether parties must begin bargaining for a successor agreement as if prior terms no longer exist
1. Whether clauses in an expired collective bargaining agreement form part of the status quo that must be maintained after the expiration of the contract when such clauses give management discretion to act without having to bargain with the union. If such clauses are not part of the status quo that must be maintained post-contract, d o th e p arti es ha v e to be gin b ar gainin g f o r a successor agreement as if the terms no longer exist. 2. Can employer be excused from bargaining over te rms an d c o n di ti o ns o f e m p l o ym e n t w h e n th e re are exigent circumstances which preclude normal bargaining over such terms. 3. Whether National Labor Relations Board (“NLRB”) has the authority to make terms offered by the employer to employees as a temporary bonus program during COVID-19 into a term of employment that it was required to continue until the employer ceased operation. 4. Does an appellate court reviewing a decision of the NLRB have to defer to the NLRB’s proposed remedies. 5. What due process is the employer entitled to in the proceedings before the NLRB.