As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work protocols, or shuttering all or part of their operations. While the challenges arise quickly and often require decisions on a sometimes minute-by-minute basis, unionized employers need to consider that many of the changes they may wish to implement require bargaining with their employees’ union – either “decision” bargaining (meaning bargaining with the labor union before making any decision at all) and/or “effects” bargaining (meaning bargaining after making the decision, but before implementing it).
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