Offering Employees Relocation Options Not Previously Presented to Union Was Unlawful Direct Dealing: NLRB | Practical Law
On June 26, 2012, the National Labor Relations Board (NLRB) held in Mercy Health Partners that meeting directly with unionized employees to inform them of a decision to relocate, presenting them with three relocation options and attaching conditions of acceptance without seeking the approval of the union was unlawful direct dealing in violation of the National Labor Relations Act (NLRA). This decision distinguishes Capital Ford, in which unilateral employer announcements were held not to be direct dealing because they merely notified employees of predetermined courses of action.