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Considerations for Employers Before Taking Unilateral Employment Action with a Unionized Workforce in Response to the COVID-19 Pandemic
Employers with a unionized workforce are familiar with the general prohibition under the National Labor Relations Act against unilaterally changing terms and conditions of employment that are specifically covered by an existing collective bargaining agreement. For terms and conditions not specifically covered by an existing CBA, employers also know that they may not make changes without bargaining to an agreement or reaching an impasse over those issues. However, what may an employer do when faced with an unforeseen and unprecedented external force such as the coronavirus pandemic, which results in a government-imposed shutdown of operations or a significant curtailment of operations?