If there is language in an article that is along the lines of "until the expiration of the agreement", does that mean that whatever is contained in that article is no longer legally binding once a contract expires? I feel like that should be obvious, but my union rep seems to think that's not the case. I do know that terms and conditions of a CBA are to continue under an expired contract (besides strikes/lockouts) but if that language lives in the document, then is that how an employer can get around maintaining whatever benefit it's tied to?
I feel like I read a labornotes article that spoke to this but I CANNOT find it. If anyone can help I would be grateful!
Yes that is fine so long as you make up some kind of semi-valid excuse. You can't publicly blame your rep since they're on your side but you can say it was sent erroneously due to a miscommunication and attempt the bargaining version of a take-backsy (lol). Management might make it an unpleasant experience but due to the time frame it is not egregious, particularly as this is a new bargaining unit. Regressive bargaining is doing something like adding a brand new, significant demand to an article after both sides have been compromising on it.
It will 100% undermine your rep internally though so I recommend using this as a way to reign them in and say, "stop doing this stuff without us". Of course, you'd want to present this to the rep idea as a unified group and with a respectful framing.