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Hugh F. Murray, III and Peter Stergios

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Dealing With A Divided Workforce: NLRB Clarifies Standard For Treating Union And Nonunion Workers Differently

on Jul 17, 2019 10:17:00 AM By | Hugh F. Murray, III and Peter Stergios | 0 Comments | Unions Legal Compliance Management NLRB
Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having both union and nonunion employees. How an employer treats its nonunion workforce in relation to its union workforce can impact employee morale and raise some significant legal issues. In the recent case of Merck, Sharp & Dohme Corp., 367 NLRB No. 122 (May 7, 2019), the National Labor Relations Board (NLRB) clarified and reaffirmed that for the most part, employers are free to treat union and nonunion workforces differently as long as the employer does not have an improper anti-union motive in doing so.
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