Do You Have To Bargain With Your Union Over Your Coronavirus Response Measures?

Wow. The pace at which we are seeing things evolve in workplaces around the country in the face of the coronavirus pandemic is unprecedented – at least in our lifetimes. The rapidly changing landscape is posing challenges for all employers. Companies with unions may face even more hurdles they need to navigate. In a unionized workplace setting, employers are generally required to bargain with the union representative of their employees over changes to practices, new policies, or other “terms and conditions of employment.” However, an employer generally has no decision bargaining obligation where a union has “waived” its right to bargain over certain changes.