In addition to the above considerations, unionized employers
will have to consider the impact of the Executive Order on their
union contract. Chances are that most union contracts are not going
to address this specific situation. However, employers should look
at any contract provisions that address business closings for
applicable language and any obligations pursuant to that language.
In addition, the leave provisions of the contract may provide some
guidance.
The contract may also have language related to work assignments
for employees that will allow the employer some discretion in
determining how to assign work to employees in a remote capacity.
If the employer is considering a layoff or furlough, the contract
likely has language for that process that will need to be followed.
To the extent that the contract is silent, employers should
consider the management rights language of the contract, which in
most cases will give the employer latitude in making
