Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights and the first contract. Given the limited set of circumstances one doesn't see a whole lot of these cases. A recent NLRB case, however, demonstrates how problems can arise by a failure to discuss discipline/discharge with the union at any stage. In a broader context, the case shows why,– if there is some chance an obligation to bargain exists, even a slim one,– that it is probably better to have the discussion with the union.

In Security Walls, Inc., 365 NLRB No. 99 (June 15, 2017), the employer, a security contractor, provided armed guards at an IRS facility in Austin, Texas. When the employer took over the contract it started to bargain with the union but did reach agreement until 13 months later.