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Duty to Bargain With Union Before Disciplining Workers

Sept. 2, 2016, 3:57 PM

The National Labor Relations Board has once again held an employer must provide notice and an opportunity to bargain before imposing serious discipline on workers represented by a newly certified or recognized union that hasn’t yet negotiated a labor contract (Total Sec. Mgmt. Ill. 1, LLC, 2016 BL 284444, 364 N.L.R.B. No. 106, 8/26/16 [released 8/31/16]).

Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Lauren McFerran agreed with the board’s reasoning in Alan Ritchey, Inc., a 2012 decision that was later invalidated when the U.S. Supreme Court ruled that several recess appointments to the board were ...

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