What to Know About ACA Collective Bargaining, as appeared in Law360April 30, 2013
Evan Rosen, a Member of the Firm in the Labor and Employment and Litigation practices, in the Atlanta office, and Mark Trapp, a Member of the Firm in the Labor and Employment and Litigation practices, in the Chicago office, co-wrote an article titled "What to Know About ACA Collective Bargaining."
Following is an excerpt:
For the unionized employer, the advent of the Affordable Care Act requires careful strategic thought about its impact on upcoming collective bargaining negotiations. Indeed, for companies with a unionized workforce, the ACA poses additional challenges and strategic considerations above and beyond those confronting nonunionized workforces.
For example, like other employers, unionized companies must decide whether to offer affordable health insurance to their employees or pay a penalty. But they cannot make this decision without input from the union because doing so may constitute an unfair labor practice under the National Labor Relations Act.
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