Union-Management Bargaining Obligations During the COVID-19 PandemicOn April 1, 2020 by Schnader in Client Alerts
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Schnader’s Michael J. Wietrzychowski has written a new client alert, “Union-Management Bargaining Obligations During the COVID-19 Pandemic.” He writes:
On March 27, 2020, the National Labor Relations Board’s General Counsel issued Memorandum GC 20-04 to the NLRB’s Regional Offices and other NLRB staff. The Memorandum summarizes nine decisions “in which the Board considered the duty to bargain during emergencies.” The Memorandum does not provide new guidance in response to the COVID-19 pandemic emergency. Rather, it focuses on selected precedent (and potentially significant, dissenting opinions) and states that it is the General Counsel’s “hope that these summaries prove useful to those considering this issue during these challenging times.”
The Memorandum categorizes the “duty to bargain” cases into two groups: (1) public emergencies; and (2) emergencies unique to a particular employer.