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Total Articles: 3

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.

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.
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