Union Bargaining Duties for Shot-or-Test Rule Outlined by NLRB

Companies with unionized workers will have to bargain over some parts of the Biden administration’s emergency rule requiring large employers to ensure their workers are either vaccinated against Covid-19 or get tested regularly, according to the NLRB’s top lawyer.

The National Labor Relations Board’s operations management division issued a memo Wednesday with a broad outline of General Counsel Jennifer Abruzzo’s views on employers’ duty to negotiate with unions over implementation of the vaccinate-or-test rule. That obligation applies to aspects of the rule that affect terms and conditions of employment, and involve employer discretion, the memo said.

“Although an employer is ...