No Matter How Bad Your Memory Is, Do Not Record Your Collective Bargaining Session

With collective bargaining agreements set to expire in 2026, many employers and union representatives are preparing to begin collective bargaining. As everyone sits down at the table to negotiate, the NLRB Office of the General Counsel has issued a new Memorandum that may affect those negotiations.

The new rule is that secretly recording collective bargaining sessions is now viewed as a per se violation of the duty to bargain in good faith. Putting it bluntly, the Office of the General Counsel perceives that the use of surreptitious recordings during the collective bargaining process is inconsistent with the openness and mutual trust necessary as contemplated under the National Labor Relations Act.

Historically, during collective bargaining, secret recordings intermittently surfaced by one of the parties during an impasse to establish an agreement upon a term or condition negotiated. Those days are now over. That said, don’t be the party waving around the surreptitious recording during negotiations; it won’t end well for your side of the table.

As we all know, these things happen, and Harvey Kruse can help your business negotiate labor and employment law problems. Contact Rita Lauer at rlauer@harveykruse.com or (810) 240-8217.