UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT – Parity Clauses
Single Topic for Decision 1079E
Full Decision Text (click on the link to view): Full Text
805.02000 – Parity Clauses
Parity clauses are not per se illegal, since negotiators have a right to bargain for a goal; therefore, the legality of parity clauses is to be decided on a case-by-case basis; p. 6. Restricted flexibility of the employer is not the test for legality of a bonus [parity] clause; restricted flexibility is simply a natural consequence of such clauses and it is just one indicator of whether a particular clause directly prohibits another bargaining unit from achieving a legitimate goal in negotiations; p. 7. Proper test is to determine the intent of the parties and measure the intent employing the method in NLRB v. Transportation Management Corp. (1983) 462 U.S. 393 [113 LRRM 2857]; pp. 9-10.