6 ms·
>There is nothing stopping companies from offering the same benefits to union employees that non-union employees are getting. Sure, but it could be construed a
by 35208654 3y ago
>There is nothing stopping companies from offering the same benefits to union employees that non-union employees are getting.
Sure, but it could be construed as promising benefits to employees to discourage their union support, which violates the NLRA [0] and indeed was cited by Merck, Sharp & Dohme Corp. in the dispute against them back in 2019 [1]. No company with a sane legal department would treat a counterparty differently than the contract stipulates, even if such a treatment could be considered 'preferential.' The legal risk is just too great.
[0]https://eclkc.ohs.acf.hhs.gov/human-resources/article/national-labor-relations-act-violations https://eclkc.ohs.acf.hhs.gov/human-resources/article/nation...
[1]https://ogletree.com/insights/nlrb-explains-when-granting-benefits-to-nonunion-employees-and-withholding-the-same-from-union-workers-can-be-lawful/ https://ogletree.com/insights/nlrb-explains-when-granting-be...
- bluefirebrand 3y ago> it could be construed as promising benefits to employees to discourage their union support, which violates the NLRA [0] Ok, but there is nothing stopping them from approaching the union with the proposed new benefit.