Decision: In Care One, the board completely cancelled the security management. The Commission thus reinstated the precedent before 2016, which did not provide for a prior bargaining obligation, in which employers attempted to discipline unionized workers who were not yet covered by a first CBA. Thus, even when an employer imposes discipline, the employer is not required to inform and negotiate with the union before the discipline is issued. In this case, the House turned away from the analysis of whether discipline was discretionary by officers and recognized that most disciplinary decisions arising from some discretion within management. On the contrary, the Commission focused on the fact that the employer applied its defined disciplinary policy and did not significantly change the working conditions of workers in the application of discipline. As a result, the board found that the employer had not breached the NRL. The total safety standard was undoubtedly favourable to unions and often allowed employers to fight to establish “intermediate redress procedures” and negotiate the original CBA at the same time. Under the Total Safety Rule, workers who have been disciplined without their union representative first having the opportunity to negotiate the discipline decision would have the right to recoup compensation for time that has not been spent at work. Facts: In 800 River Road Operating Company, LLC d/b/a Care One in New Milford, the union won an election in 2012. For years, the employer challenged the union`s certification and refused to negotiate. During this period, the employer suspended three workers and dismissed a fourth because of a disciplinary policy.

In the end, the courts upheld the union`s certification. The union blocked allegations that the employer had not been able to inform the union and have the opportunity to negotiate discipline. Using Total Security Management, an administrative judge found that worker discipline – which occurred before the parties reached a first CBA – was contrary to Section 8 (a) (5) of the NLRA. Employers reorganized without collective agreements and unionized employers with expired contracts are probably free to discipline their union employees in accordance with the company`s employment policies and practices, without having to negotiate with the workers` union beforehand. Background: The 2016 Total Security Management case forced employers to rectify a union with communication and the ability to negotiate discretionary elements of an existing disciplinary policy before imposing serious discipline, including degradation, suspension and discharge.