New York Labor and Employment Law Report
Conflicting NLRB Stances Create Employer Compliance Plight
July 28, 2023
By: Alice B. Stock
The following article by Bond attorney Alice Stock was published by Law360
Can an employer give employees a wage increase or benefits improvement during a union organizing campaign or while negotiating a first collective bargaining agreement after a union has won an election? At present, in most situations, it will be unlawful for an employer to do so.
However, if the National Labor Relations Board decides to agree with NLRB General Counsel Jennifer Abruzzo in her 2022 complaint against Starbucks Corp., it will also be unlawful for an employer not to confer the same increases on organizing and union-represented employees that it is granting unrepresented employees. This new standard would change eight decades of law.
