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Employer Cannot Join E-Verify Without Bargaining With Union

In a recent case involving an unfair labor practice charge, the National Labor Relations Board concluded that the obligation of unionized employers to enter into bargaining with the union before making material changes to terms and conditions of employment applied to an employers unilateral decision to enroll in the Department of Homeland Securitys E-Verify system. In The Ruprecht Co., an employer enrolled in E-Verify before notifying the union after it received a subpoena from Homeland Security seeking information about the work eligibility of its employees.

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