How to bargain with a union during coronavirus pandemic

The Families First Coronavirus Response Act (FFCRA) has left employers with many questions about its implementation, with a very short window between the original date of passage in mid-March and the effective date of April 1. It becomes even more complicated when considered in the union context, where existing collective bargaining agreements (CBAs) affect obligations, and the duty to bargain over any potential changes remains ever-present.

While much has been written about the FFCRA, there are other things unionized employers must consider. In fact, when a CBA is present, the employer must first focus on maintaining compliance with the agreement's requirements. Here is what a unionized employer must remember about handling the coronavirus pandemic and negotiations with a union in creating a strategy to avoid grievances and unfair labor practice charges.

Do I have bargaining obligations with existing union?

Under the National Labor Relations Act (NLRA), employers have a legal duty to bargain with labor unions representing their employees regarding wages, hours, and other conditions of employment. A CBA may contain provisions directly relevant to the types of adjustments necessary for businesses to respond to the unprecedented challenges created by the pandemic and its broad effect on society.