MV Transportation, Inc.
National Labor Relations Board
368 N.L.R.B. No. 66 (2019)
- Written by Salina Kennedy, JD
Facts
MV Transportation, Inc. (MV) (defendant), negotiated a collective-bargaining agreement with Amalgamated Transit Union Local Number 1637, AFL-CIO, CLC (the union) that granted MV the right to issue, amend, and revise employment policies, rules, and regulations. The agreement also granted MV the exclusive right to discipline and discharge for just cause and to adopt and enforce reasonable work rules. On February 19, 2016, MV sent the union a letter informing it of MV’s intent to implement revised work policies, including a revised safety policy that included employee-training requirements. Employees who did not comply with the training requirements were subject to discipline. MV asked for the union’s input before implementing the new policies, and the union objected to the safety policy. MV implemented the policy without union approval, and the union filed a charge with the National Labor Relations Board (the board) alleging that MV’s unilateral implementation of the safety policy had violated the National Labor Relations Act (NLRA). The parties agreed to waive an administrative hearing and instead submitted the matter to the board.
Rule of Law
Issue
Holding and Reasoning (Ring, Kaplan, Emanuel, J.J.)
Concurrence/Dissent (McFerran, J.)
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