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Labor: NLRB says unions have bargaining rights on certain discretionary discipline

In light of a recent NLRB decision, employers should expect to encounter increased union challenges to their disciplinary actions

In another pro-union development, the National Labor Relations Board (NLRB) recently held that under certain conditions, an employer has a duty to bargain with a union before unilaterally imposing discretionary discipline on employees.

In Alan Ritchey, Inc. and Warehouse Union Local 6, International Longshore and Warehouse Union, AFL-CIO, the employer used a progressive disciplinary system but made discretionary discipline decisions against a group of employees. In response to that action, the union alleged that the employer violated the National Labor Relations Act by failing to provide notice and an opportunity to bargain.

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Mari Kaluza

Mari Kaluza is associate counsel in Neal, Gerber & Eisenberg’s Labor & Employment Practice Group. She counsels employers in a variety of labor and...

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Contributing Author

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William J. Tarnow

William J. Tarnow II is chair of Neal, Gerber & Eisenberg’s Labor & Employment Practice Group and represents and counsels companies and management...

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