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Employer Vaccine Bargaining Duties After NLRB Memo, Law360

November 17, 2021

Partners Harry Johnson and Sharon Masling, along with associate Richard Marks, authored an article for Law360 on potential bargaining obligations that could be triggered in light of the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS) related to COVID-19. According to a memorandum from National Labor Relations Board General Counsel Jennifer Abruzzo, any issue involving employer discretion is subject to bargaining, and the ETS may trigger additional bargaining obligations for nondiscretionary issues. “The fact that covered employers must comply with the ETS does not absolve employers of bargaining obligations as they prepare to implement protocols to satisfy the ETS requirements, because the ETS leaves many issues open to employer discretion and thus a bargaining obligation,” they write. 

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