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>There is nothing stopping companies from offering the same benefits to union employees that non-union employees are getting.

Sure, but it could be construed as promising benefits to employees to discourage their union support, which violates the NLRA [0] and indeed was cited by Merck, Sharp & Dohme Corp. in the dispute against them back in 2019 [1]. No company with a sane legal department would treat a counterparty differently than the contract stipulates, even if such a treatment could be considered 'preferential.' The legal risk is just too great.

[0]https://eclkc.ohs.acf.hhs.gov/human-resources/article/nation... [1]https://ogletree.com/insights/nlrb-explains-when-granting-be...



> it could be construed as promising benefits to employees to discourage their union support, which violates the NLRA [0]

Ok, but there is nothing stopping them from approaching the union with the proposed new benefit.




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