The doctrine of contract coverage was taken over by NLRB in MV Transportation, Inc., 368 NLRB nr. 66 (2019). There, the board decided that it would „study the plain language of the collective agreement in order to determine whether the measures taken by an employer fall within the compass or the scope of the contractual language that gives the employer the right to act unilaterally.“ The doctrine of contract coverage waives the obligation for an employer to prove that the union has clearly and unambiguously waived its right to negotiate changes made on the basis of the contractual language. It is important to note that once a KNA is reached, both the employer and the union are required to abide by this agreement. Therefore, an employer should hire a lawyer before participating in the collective bargaining process. Such termination is governed by law, both in the form it must take and in relation to its consequences. If the dismissal results from only one or some of the signatory unions, it shall take effect, for the most part, only in respect of that union or unions; the agreement remains in force for the other parties. In the event of dismissal by the employer (where there is usually only one signatory), the agreement in question remains in force until it is replaced by a new one or, in the absence of such replacement, for a period of one year. In the Nexstar category, the NLRB considered whether the contract coverage doctrine presented in MV Transportation should also apply to surviving working conditions after the termination of a collective agreement. The NLRB considered that, in general, this was not the case. Specifically, the Board of Directors stated: „[T]he provisions in an expired collective agreement does not cover unilateral amendments upon expiry, unless the agreement contained a language which expressly provides that the corresponding provision would survive the expiry of the contract.“ Id.
In a recent first-impression decision, the NLRB found that its doctrine of contractual coverage does not apply to changes in terms and conditions of employment after the expiry of the parties` collective agreement, unless the contract explicitly contained the explicit that the provision in question would survive the expiry of the contract. Nexstar Broadcasting, Inc. d/b/a KOIN-TV, 369 NLRB No. 61 (2020). (1) By way of derogation from ORS 663.010 („collective bargaining“), the obligation to bargain collectively, where there is in fact a collective agreement for workers in a branch, also implies that no contracting party may terminate or modify the contract unless the party deciding on termination or modification: Article 8 (d) of the Law determines what falls within the scope of the collective bargaining obligation. Section 8(b)(3) of the Act makes it illegal for a work organization or its representatives to refuse to negotiate with an employer whose employee you represent. . . .