Employers can install Cameras into their trucks without bargaining with their union by using there "Management Rights Clause"
1.Weekly emails that you receive are current cases at the NLRB that H. Sanford Rudnick & Associates, a Labor Relations Firm, are working on at the NLRB throughout the US.
2. In 2024, the IBEW union throughout the country are now filing meritless NLRB charges against Employers for bargaining in bad faith for installing dash cam cameras into their trucks without bargaining with the union. The IBEW states that they have the right to bargain with an Employer even when they have an existing contract with the Employer but the contract is silent on the installation of cameras into their trucks.
3. The Employer's have a management rights clause that allows Employers to any actions on a unilateral basis without bargaining with the union that relate to safety of their equipment and their employees to reduce accidents.
4.Employers are contending the union waived its right to bargain over the implementation of the Cameras since their Management Rights Clause allowed the Employers to do it.
5.In Endurance Environmental Solutions, 373 NLRB No. 141(2024), the NLRB reversed the “contract coverage” standard by MV Transportation and reinstated the “clear and unmistakable waiver standard to determine if the union waived its right to bargain with an employer concerning the installation of cameras into their trucks.
6.This change requires Employers to demonstrate that a union has explicitly waived its right to bargain over specific changes to the terms and conditions to a section of an agreement. The Board emphasized that vague or broad management rights clauses are insufficient to justify unilateral changes without bargaining.
7.Employers are contending that its management rights clause does specify that an Employer's can take unilateral actions without bargaining with the union that are related to safety, that is, installing dash cam cameras into their trucks not for surveillance of its employees. Installation of cameras into their trucks reduces employee accidents substantially.
8. Pursuant to the case, Stern Produce vs NLRB No. 23, 1100, DC Cir. 2024, an employer was allowed to install cameras into its trucks for safety purposes for the employees and not for surveillance and monitoring of its employees.
9. Thus, Employers can implement dash cam cameras into their trucks by using their Management Rights Clause without bargaining with the union if the clause relates safety of its employees and trucks.
10. If an Employer has any issues regarding not bargaining with a union over the installation of cameras into their trucks or any other labor relations issue at the NLRB, please contact Sanford Rudnick JD At 1-800-326 3046 sandy@rudnickpro.com or www.Theunionexpert.com
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