Westlaw News

NLRB tosses Obama-era requirement that employers bargain with new unions over discipline

The National Labor Relations Board on Tuesday said businesses do not have to bargain with newly-certified unions over their existing disciplinary policies before disciplining workers, overturning an Obama-era ruling that it said was inconsistent with decades of legal precedent.

The board said New Jersey nursing home operator 800 River Road Operating Co LLC did not violate the National Labor Relations Act (NLRA) in 2017 when it suspended or fired five employees in the midst of negotiating an initial contract with a Service Employees International Union (SEIU) local.

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