Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: duty to bargain

COVID-19 and the Duty to Bargain: Advice from the General Counsel

Posted in Negotiations, NLRB
With COVID-19 disrupting business, employers may be questioning whether the virus has an effect on the duty to bargain with labor organizations.  On Friday, the NLRB’s General Counsel, Peter B. Robb, attempted to answer these questions, issuing a letter to regional officials clarifying employers’ duty to bargain during emergencies. The General Counsel’s letter summarized nine… Continue Reading

Successor Must Bargain with Union Over Initial Terms and Conditions of Employment

Posted in Mergers and Acquisitions, Negotiations
Hiring the workforce or purchasing the assets of an employer with union-represented employees is a transaction with a lot of labor-related risks.  A recent decision from the NLRB provides an example of how it can go wrong for an employer that fails to plan.  In so doing, it offers a good contrast to a case discussed… Continue Reading

NLRB Says Halting Benefit Contributions is Unlawful

Posted in Negotiations, NLRB
Earlier this week I introduced a recent NLRB decision that addressed two significant issues for employers. The first issue – related to an employer access rule –was a largely illusory victory for the employer.  Today’s post focuses on the second issue, which related to the employer’s cessation of contributions to a union education fund. The… Continue Reading

Prior Planning in Acquisitions Key to Avoiding Labor-Related Surprises

Posted in Mergers and Acquisitions, Negotiations, NLRB
Acquiring the assets or hiring the workforce of an employer whose employees are unionized poses an additional layer of complexity for the purchaser. Without prior planning, the purchaser can end up losing its right to set the initial terms and conditions of employment. In a case earlier this year, the NLRB provided a good reminder… Continue Reading

Court Overturns NLRB Decision Regarding Failure to Provide Information During Bargaining

Posted in Unions
During labor negotiations, an employer is obligated to provide certain information to the union. When that information implicates the employer’s financial performance, some employers are reluctant to disclose the information. A recent decision from the United States Court of Appeals for the Second Circuit helps define when an employer must provide that information, and does so in… Continue Reading

Employers Must Bargain Over Discretionary Discipline Before Agreement on First Contract

Posted in Management, NLRB
By Nelson Cary and James Patrick In Alan Ritchey, Inc., the NLRB recently adopted a new rule that will have an immediate impact on any employer attempting to negotiate an initial contract with a newly organized bargaining unit. Specifically, after a union becomes the employees’ bargaining representative, but before the parties have agreed to their first… Continue Reading

Employer Must Bargain With Union Over Rule Adopted to Comply with OSHA General Duty Clause

Posted in NLRB
Cell phones, iPods, radios, blue tooth earpieces:  common electronic gadgets in our world today.  Labor professionals frequently must decide how to appropriately regulate the use of these devices in the workplace.  This was the problem that confronted the employer in Warren Unilube, Inc., 358 N.L.R.B. No. 92 (July 31, 2012).  The employer operated a petroleum products plant. … Continue Reading