The year 2020 has taught us that the future is not always predictable. Union-represented employers have the unique challenge of navigating these unpredictable times under collective bargaining agreements that likely did not account for a global pandemic's effects on their business and workforce. The expiration of a collective bargaining agreement provides both employers and unions the opportunity to address COVID-19-related issues in a successor agreement. Parties negotiating a successor collective bargaining agreement should draft and negotiate proposals to preserve and strengthen their business in light of the pandemic and to ensure employees' health and safety. Parties also are urged to consider the "what ifs" the pandemic may present to their business and workforce in the years to come, and to seek additional flexibility at the bargaining table.

Workplace Safety

Workplace safety, especially amidst the COVID-19 pandemic, is undoubtedly of paramount concern for both employers and unions. If they have not done so, unions will likely push for additional safety protocols and assurances for the bargaining unit employees they represent during negotiations. In preparation for such negotiations, unions may seek information regarding COVID-19-related employee health and safety issues, especially in higher risk health-care settings and other essential businesses whose employees interact with the public. Under the National Labor Relations Act (NLRA), employers have a duty to provide to their employees' union(s) information that is presumptively relevant to the bargaining unit, including that relating to health and safety.