EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 2632M

View all topics for Decision 2632M

Full Decision Text (click on the link to view): Full Text

505.11000 – Legitimate Business Purpose/Business Necessity

An employer who automatically and pre-emptively excludes union-represented employees from an otherwise negotiable benefit granted to unrepresented employees unlawfully discriminates and interferes with protected rights, because its conduct indicates that employees who choose union representation will automatically forfeit participation or eligibility for the benefit, and/or that the benefit is not subject to negotiation.