News & Analysis as of

Duty to Bargain

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

NLRB Rules That Employers Have a Duty to Bargain Over ACA-Mandated Group Health Benefit Changes

On May 16, 2017, the National Labor Relations Board (“NLRB”) issued a decision holding an employer has the duty to bargain with a union over changes to a group health plan even though the changes were mandated by the...more

Employer Did Not Violate Duty To Bargain Over Change To Christmas Gift Policy, NLRB Rules

by Proskauer - Labor Relations on

What would the holiday season be without a Christmas gift case?  A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over...more

NLRB Again Imposes Duty to Bargain Over Discipline Even Before Agreement on a Contract

On August 26, 2016, the National Labor Relations Board issued a decision in Total Security Management Illinois 1, LLC, in which it held that an employer who is engaged in negotiations for an initial collective bargaining...more

No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice

by Proskauer - Labor Relations on

The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

by Franczek Radelet P.C. on

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

NLRB Finds Duty to Bargain About Discipline Even Before Agreement on First Contract

by Littler on

Does an employer have a duty to bargain with a union, prior to the finalization of a first collective bargaining agreement, before imposing discretionary discipline on an employee? According to the National Labor Relations...more

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