Potential Conflicts Between Obligations Imposed on Employers And Unions By the National Labor Relations Act And the Americans with Disabilities Act
Hunter, Jerry M.
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In this article, the author outlines the potential conflicts between the requirements of the Americans with Disabilities Act and the National Labor Relations Act. First, a potential conflict arises between the NLRA obligation to bargain and the reasonable accommodation obligation under the ADA. Second, the confidentiality requirement of the ADA and the duty to provide information under the NLRA poses an additional potential conflict. The author discusses the potential for allegations that unions have violated their duty of fair representation under the NLRA from both disabled and nondisabled employees, concluding that resolution of such grievances can be achieved through traditional principles of reasonableness and good faith.