Ceasing Dues Checkoff Is Lawful After Expiration

Source: Kimberly Kemper, Employment Alert, Vol. 37 no. 3. February 5, 2020
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About 13 months after the expiration of parties’ contract, Valley Hospital Medical Center stopped deducting and remitting to the Local Joint Executive Board of Las Vegas employees’ dues. The employer took this action after five days’ notice and without providing the Union an opportunity to bargain. The agreement had contained a dues checkoff agreement to be used by employees requesting dues checkoff. The National Labor Relations Board (NLRB) held that the employer lawfully ceased checking off and remitting employees’ union dues after its contract with the union expired, overruling Lincoln Lutheran of Racine, 362 N.L.R.B. 1655, 204 L.R.R.M. (BNA) 1234, 2014-15 NLRB Dec. (CCH) P 16018, 2015 WL 5047778 (2015), and returning to the longstanding precedent set by Bethlehem Steel Co. (New York, N.Y.), 136 N.L.R.B. 1500, 50 L.R.R.M. (BNA) 1013, 1962 NLRB Dec. (CCH) P 11163, 1962 WL 16787 (1962), enforcement denied and remanded, 320 F.2d 615, 53 L.R.R.M. (BNA) 2878, 47 Lab. Cas. (CCH) P 18409 (3d Cir. 1963)For over half a century, this unilateral action was lawful under NLRB precedent beginning with Bethlehem Steel.