2. Consult Legal Counsel • Seek advice from your FP labor counsel before implementing any workplace changes that could impact unionized employees. • Ensure compliance with the clear and unmistakable waiver standard to minimize legal risks. 3. Train Management Teams • Educate managers and HR professionals about the restored standard and its implications for decision-making. • Develop clear protocols for engaging with unions before introducing policy or operational changes. 4. Strengthen Union Communication • Maintain open and constructive dialogue with union representatives to collaboratively address workplace concerns. • Proactively involve unions in decision-making processes to demonstrate good-faith efforts at bargaining. 5. Plan for Disputes • Prepare for potential challenges by documenting all communications with unions and providing clear rationales for proposed changes. • Establish contingency plans to address operational needs if negotiations stall. Conclusion Make sure you are subscribed to Fisher Phillips’ Insight System to receive the most up-to-date information about the latest decisions. If you have questions on how these developments may impact your organization and workforce, please contact your Fisher Phillips attorney, the authors of this Insight, or any member of our Labor Relations Practice Group.
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