Hunter in ‘Law360’ on Union Implications of CARES Act

St. Louis Partner Jerry Hunter was quoted March 27 by Law360 regarding a condition of the Coronavirus Aid, Relief and Economic Security Act, or CARES Act, that has drawn the attention of labor attorneys. The emergency loan provisions of the act lay out conditions for businesses to qualify for loans from the federal government, including that they maintain staffing, not offshore jobs, maintain collective bargaining agreements already in place with unions, and promise to “remain neutral” if employees seek to form a union during the loan term. Hunter, a former National Labor Relations Board general counsel, pointed to a series of U.S. Supreme Court rulings holding that employers can express their views, including negative views, about unions as long they don’t threaten workers. “I wouldn’t be surprised if the Chamber of Commerce or some other business group files a lawsuit seeking an injunction” nullifying that language, Hunter said.