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Union Bargaining Duties for Shot-or-Test Rule Outlined by NLRB

Nov. 10, 2021, 11:35 PM

Companies with unionized workers will have to bargain over some parts of the Biden administration’s emergency rule requiring large employers to ensure their workers are either vaccinated against Covid-19 or get tested regularly, according to the NLRB’s top lawyer.

The National Labor Relations Board’s operations management division issued a memo Wednesday with a broad outline of General Counsel Jennifer Abruzzo’s views on employers’ duty to negotiate with unions over implementation of the vaccinate-or-test rule. That obligation applies to aspects of the rule that affect terms and conditions of employment, and involve employer discretion, the memo said.

“Although an employer is ...

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