According to a three-member panel of the National Labor Relations Board (NLRB), an employer violated federal labor law by voluntarily enrolling in the federal government’s E-Verify program without first negotiating the issue with a union representing its employees.
The decision by the Board in The Ruprecht Co., 366 NLRB No. 179 (August 27, 2018), concludes that the decision to voluntarily enroll in E-Verify was a so-called “mandatory subject of bargaining” under the National Labor Relations Act (NLRA), even though in this case the employer in good faith decided to voluntarily enroll in E-Verify to improve its sketchy compliance with employment eligibility verification requirements.
The case serves as a reminder to unionized employers that they must consider their collective bargaining obligations before implementing policies that impact terms and conditions of employment, even where the contemplated actions are designed to reduce workplace risk.
Members of the Center for Workplace Compliance (CWC) can read more here.