A recent Law360 article will be of interest: “What to Know About ACA Collective Bargaining,” by Evan Rosen and Mark Trapp, attorneys in the Labor and Employment and Litigation practices of Epstein Becker Green.
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.