The decision means that management at newly unionized businesses can carry out discipline during the pre-contract phase without having to notify or bargain with the union. Employers weren’t required to reach an agreement with the union before actually taking action under the previous precedent, and could impose discipline unilaterally in certain exigent circumstances.
The board’s decision reinstates a policy “that employers have no statutory obligation to bargain before imposing discretionary discipline that is materially consistent with the employer’s established policy or practice,” the members said.