Employer Cannot Join E-Verify Without Bargaining With Union

Parker Poe Adams & Bernstein LLP
Contact

Parker Poe Adams & Bernstein LLP

Under the National Labor Relations Act, unionized employers cannot make material changes to terms and conditions of employment without entering into bargaining with the union. Last month, the National Labor Relations Board concluded that this bargaining obligation applied to an employer’s unilateral decision to enroll in the Department of Homeland Security’s E-Verify system.

In The Ruprecht Co., the employer received a subpoena from Homeland Security seeking information about the work eligibility of its employees. Without notifying the union, the company responded to this subpoena with a number of remedial measures, including enrolling in E-Verify, a voluntary government program that provides verification of an employee’s or applicant’s eligibility status. When the union learned of this change, it filed an unfair labor practice charge, demanding that the company rescind its participation in the E-Verify program.

In a 2-1 decision, the NLRB panel agreed, concluding that the employer had an obligation under the NLRA to notify and bargain with the union before joining E-Verify. Using this program to identify possibly unauthorized union members constituted a material change in the terms and conditions of employment. By ordering the company to withdraw from the program, the NLRB stated that it was restoring the status quo to allow for renewed bargaining on the issue. The fact that E-Verify is a government program available to all employers did not dissuade the board majority from concluding that such participation still requires mandatory bargaining with the union.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Parker Poe Adams & Bernstein LLP | Attorney Advertising

Written by:

Parker Poe Adams & Bernstein LLP
Contact
more
less

Parker Poe Adams & Bernstein LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.