Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm’s New York office, was quoted by Law360, in “Unions Get Bargaining Edge Via New Dues Checkoff Standard,” by Aaron Vehling. (Read the full version – subscription required.)
Following is an excerpt:
Epstein Becker & Green PC member Steve Swirsky, a former NLRB field attorney, sees the board’s Lincoln Lutheran ruling as yet another pro-labor decision, along with the NLRB’s new takeon joint-employer status in Browning-Ferris and its new so-called rule for streamlining union elections, that is designed to help unions win more elections.
“The impact is cumulative,” Swirsky said. In the context of those recent decisions and others, through “enhanced remedies the board is trying to change the union’s bargaining power.”
Under Bethlehem Steel, if the union didn’t reach a contract by the time of expiration of the prior contract, its ability to continue to receive the dues through checkoff became an issue that could factor into the total decision-making process during negotiations, he said.
But, under Lincoln Lutheran, a union doesn’t need to worry about that, he said.