ExxonMobil Research & Engineering Co., 370 NLRB No. 23 (Sept. 28, 2020), under the its
MV Transportation “contract coverage” standard, the NLRB ruled the employer’s unilateral change to the rating system used to evaluate employee performance (
i.e., meets requirements/does not meet requirements) to a single system is lawful.
In this case, the parties’ contract included the following provision: “The performance of employees will be evaluated and reviewed … [and such] procedures may be revised by the Company as necessary, after Management has consulted with the Union and taken its views into consideration.”
The NLRB reasoned that this language expressly conferred on the employer the unilateral right to revise its procedures. While the contract language conditioned that right on management consulting with the union and taking its views “into consideration,” this did not render the employer’s unilateral action a violation of the NLRA. The NLRB found the employer
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