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On the other hand, the board of directors also found that an employer does not intend to „change“ the meaning of the cat if it continues to do what it has done in the past – although a CBA has expired and a CBA is in effect at the time of the employer`s previous actions. For example, the Board of Directors of Raytheon Network Centric Systems, 365 NLRB No. 161 (2017), recently confirmed the unilateral modification of an employer`s medical plans after the expiry of the contract and decided that an employer was free to make unilateral changes to working conditions after expiration without prior negotiation, if such changes coincide with similar unilateral measures, in particular when they took place in previous years at the entry and at the end of the contract. were seized at the same time. According to the Chamber, unilateral acts constitute a „change“ in the sense of the cat only if they differ significantly from what has happened in the past. Unilateral changes, in line with established and proven practice of the past, therefore do not constitute a real change in established working conditions and therefore do not constitute a real change in the status quo in Katz`s sense. An employer may therefore make such unilateral changes, notwithstanding the expiry of its cost-benefit terms of use and even if the employer and the Union can actively negotiate new terms of use/use costs/benefits and are not in a negotiating channel. The commitments of the parties do not end at the expiry of the contract. You must negotiate in good faith a contract of succession or termination of the contract, while the terms of the expired contract expire. When the employer bought LIN Television (a unionized employer), it took over the CBA and agreed to extend the CBA by several months.

During negotiations for a successor agreement, it proposed to remove the pre-booking requirements for date changes. The union rejected this proposal. It is an unfair labour practice if one of the parties refuses to negotiate with the other party through collective agreements, but the parties are not obliged to reach an agreement or make concessions. If the Agency finds that the impasse has not been reached, the employer is invited to return to the bargaining table. . . .