Alaris Health at Boulevard East v. National Labor Relations Board

W hether clauses in an expired collective bargaining agreement form part of the status quo that must be maintained after the expiration of the contract when such clauses give management discretion to act without having to bargain with the union. If such clauses are not part of the status quo that must be maintained post-contract, do the parties have to begin bargaining for a successor agreement as if the terms no longer exist.

Can employer be excused from bargaining over terms and conditions of employment when there are exigent circumstances which preclude normal bargaining over such terms.

W hether National Labor Relations Board (“NLRB”) has the authority to make terms offered by the employer to employees as a temporary bonus program during COVID-19 into a term of employment that it was required to continue until the employer ceased operation.

Does an appellate court reviewing a decision of the NLRB have to defer to the NLRB’s proposed remedies.

What due process is the employer entitled to in the proceedings before the NLRB.