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Guidance: Can Employers of Unionized Workers Require the COVID Vaccine?

By Mark Theodore, Elizabeth Dailey & Dylan K. Tedford on May 11, 2021
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The Coronavirus pandemic has spawned a lot of questions—and a lot of headaches—for employers, who within the past year have needed to adapt to rapidly changing health, regulatory, and technological landscapes. With the long-awaited arrival of a vaccine comes even more questions for employers: Can I require my employees to get vaccinated? Can I require employees who don’t get the vaccine to follow other safety precautions? For employers with unionized employees, there are additional considerations under the NLRA. Employers have bargaining obligations to their unionized workforces, so whether employers can require employees to be vaccinated, where/when/how vaccines will be administered, and whether discipline can be imposed on those who refuse a vaccine will depend on the terms of the collective bargaining agreement and/or require additional bargaining with the employees’ union.

We have developed several materials to help employers navigate the potential bargaining obligations with respect to mandatory vaccination policies. Visit our website to view an infographic of the decision-making process employers should engage in when considering a mandatory vaccine policy for unionized employees. Our website also offers a list of frequently asked questions (“FAQ”), answering common questions from clients and employers based on the state of NLRB case law today.

As always, we will continue to monitor the latest updates and trends concerning Coronavirus and the workplace. Check back here, or sign up for the email newsletter, to stay up-to-date!

Photo of Mark Theodore Mark Theodore

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S.

Mark has extensive experience representing employers in all matters before

…

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S.

Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in nearly all industries, including multi-unit, multi-location, multi-employer and multi-union bargaining.

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Photo of Elizabeth Dailey Elizabeth Dailey

Elizabeth Dailey is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group.

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Dylan K. Tedford

Dylan Tedford is an associate in our Labor and Employment Department. Dylan graduated from the University of Southern California Gould School of Law, where he was a member of the Hale Moot Court Honors Program and served in several student organizations. While at…

Dylan Tedford is an associate in our Labor and Employment Department. Dylan graduated from the University of Southern California Gould School of Law, where he was a member of the Hale Moot Court Honors Program and served in several student organizations. While at USC, he was a legal extern for Judge Gregg Zive in the U.S. Bankruptcy Court for the District of Nevada. Prior to law school, Dylan was a government affairs coordinator for a lobbying firm in Nevada.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor Relations Update
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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