Dues Check Off Survives Even After Contract Expires in Right to Work States

This is important for Unions with contracts that have dues check off in right to work states.  The NLRB has consistently held that dues check off expires with the contract because it is (generally) linked to union security.  On appeal for the 3rd time, the 9th circuit finds that if the contract has dues check off (a convenience) but no union security (a requirement), then the check off survives expiration of the contract and the employer's failure to collect and transmit dues prior to impasse violates the obligation to maintain conditions and is a unfair labor practice under 8(a) (5). In other words, in right to work states, a dues check off clause requires an employer to keep collecting dues and sending them to the Union even after the contract expires. The name of the case is Local Joint Executive Board of Las Vegas v. National Labor Relations Board

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