Estados Unidos de América - Although direct dealing with individual... (2013)

Although direct dealing with individual employees is unlawful once an exclusive bargaining agent has been designated by the majority, violations are not uncommon. For example, in the case of Hotel Bel-Air, 358 NLRB No. 152, decided by the National Labour Relations Board in September 2012, the employer was found to have engaged in unlawful direct dealing when it wrote a letter proposing severance benefits in return for a waiver of recall rights directly to employees who were being laid off, sidestepping the Union. The letter began by stating that the Respondent was «very happy to give you [the employee] the opportunity to decide for yourself whether you want to accept the» offer of severance pay.

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