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Total Articles: 4

Employers May Have to Bargain With Unions Over Response to Employee Data Breaches

Unionized employers may soon be required to submit the manner in which they respond to any breaches of employee data to the collective bargaining table.

Switch in safety handbooks without collective bargaining could violate CBA.

An arbitrator’s finding that an employer could not unilaterally switch safety handbooks without bargaining for that switch was upheld by a federal district court. Firstenergy Generation Corp. v. IBEW, WDPA, No. 14-560, March 16, 2015.

Employer’s Discharge of Employees Did Not Violate Bargaining Obligations under NLRB’s Alan Ritchey Decision

Under the National Labor Relations Board’s 2012 Alan Ritchey decision, an employer generally must bargain with a newly-certified union before imposing certain discipline, including a suspension, demotion, or discharge, where the parties have not concluded negotiations on a first contract. Under Alan Ritchey, however, an employer may impose discipline unilaterally if it has agreed with the union on an interim grievance procedure during negotiations for a first contract. Last week, an NLRB Administrative Law Judge clarified the interim grievance procedure exception, and ruled that such a procedure does not have to include the right to arbitration. The ALJ found that because the newly-certified union had agreed to an interim grievance procedure while the parties continued to negotiate their first collective bargaining agreement, the employer, Medic Ambulance Service, was not required under Alan Ritchey to bargain with the union before discharging 12 employees.

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

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 not yet subject to a collective bargaining agreement. In a case involving Kaplan International Centers, the Division explained that the duty to bargain with a new union set forth in the Board’s 2012 Alan Ritchey decision did not include a preimposition duty to bargain over warnings and certain other lesser discipline. While not carrying the binding force of a Board decision, the Division’s memorandum reaffirms that employers have at least some flexibility to discipline in the period after a union is newly elected.