Merit Pay and the NLRA: When Is Bargaining Required?

Former National Labor Relations Board (NLRB) member Harry Johnson analyzes the Board’s rules for bargaining over merit pay. Reviewing the NLRB’s decision in Windsor Redding Care Center, Harry breaks down the factors that the Board considered in determining that merit raises were an “established practice” that required bargaining, and offers guidance for employers on mitigating risks related to discretionary merit pay systems.