MIKE O'CONNOR RULE

Mike O’Connor rule.Labor law. The doctrine that unilateral changes that an employer makes after a union victory in an initial-representation election — but before the employer’s objections have been resolved — are automatic violations of the National Labor Relations Act if the employer’s objections are rejected. • If the employer’s objections are sustained, any failure-to-bargain charge will be dismissed because the employer had no duty to bargain. But if the employer’s objections are rejected, the employer is considered to have been under a duty to bargain as of the date of the election, which is why the unilateral changes are automatic violations of the Act. Mike O’Connor Chevrolet–Buick–GMC Co., 209 NLRB Dec. (CCH) 701 (1974).

[Blacks Law 8th]