Faegre Baker Daniels associates Ryan Funk and Sari Long shared their expertise in an article with the Society for Human Resource Management (SHRM) on how enrolling in E-Verify without union consent may cause companies to violate NLRA regulations.
“The National Labor Relations Act (NLRA) requires unionized employers to give the union notice and the opportunity to bargain before changing terms and conditions of employment that are ‘mandatory subjects of bargaining,’ said Ryan Funk, ‘The judge acknowledged that the NLRB recognizes an exception to mandatory bargaining where the employer can establish a ‘compelling business justification’ or where ‘economic exigencies compelled prompt action,’ but refused to apply those exceptions in this case.”
