In 1987, the NLRB held that a newspaper did not have to bargain with a union over its ethics policy, on the grounds that ensuring public confidence in its news reporting was a “core function” of the paper. Peerless Publications, 283 NLRB 334 (1987).  In 2006, Virginia Mason Hospital in Seattle unilaterally implemented an

The federal government has encouraged employers to implement incentive-based wellness programs as one way to cut into ever-growing health care costs.  These programs provide financial incentives for employees who participate and, in some cases, achieve certain healthy criteria, such as maintaining a healthy BMI and cholesterol level.

Employers who have taken this route have found themselves