However, during the time between the regional director's decision and the NLRB's reversal, the employer and the union negotiated a five-year collective bargaining agreement covering the single unit. After the NLRB's reversal, the new unit asked the union to negotiate a new collective bargaining agreement, arguing that the original agreement was no longer binding, since it was based on an inappropriate unit. The union refused to bargain, stating that the agreement remained binding. The company then filed an unfair labor practice charge. The bottom line, at least in some cases, is that a collective bargaining agreement negotiated while a question concerning representation is pending before the NLRB may be rendered null and void depending on the NLRB proceedings' outcome.
Compensation includes all benefits, regular wages and overtime pay.
An employer may not consider the protected characteristics of workers, such as race, color, sex, national origin, religion, age or disability in establishing compensation or benefits. Employers may not allow protected characteristics to negatively influence promotions, evaluations or assignment of work. This case involved women driver managers who were paid less than men for the same work. Based on various studies, there is still a lag in the earnings of women, African Americans and Hispanics that are unexplained by any differences in qualifications or occupation. Federal law does not protect sexual preference.