2 National Labor Relations Act: Law & Practice § 13.05

Summary

• [.01] Generally

   

  Illegal subjects of bargaining are those that violate an express or implied mandate of the Act, or of applicable federal or state laws. Mere agreement to an illegal subject of bargaining is a violation of the Act and any such term is, per se, unenforceable.

  Examples of illegal subjects of bargaining include the closed shop and, where applicable, other union security provisions that violate state law, superseniority provisions for union officials unrelated to on-the-job contract administration functions, and hot cargo agreements.

• [1] Introduction

  An employer and a union must incorporate into a written contract any agreements reached on mandatory or permissive subjects of bargaining but are prohibited by law from giving effect to agreements (whether oral or written) concerning illegal subjects or bargaining. Illegal subjects of bargaining are those that violate an express or implied mandate of the Act, or of applicable federal or state laws. Mere agreement to an illegal subject...