The NLRA requires unions and employers to bargain in good faith regarding “wages, hours, and other terms and conditions of employment.” 29 U.S.C. § 158(d).

I. Mandatory, Permissive, and Prohibited Bargaining Subjects

The three categories of bargaining subjects are mandatory, permissive, and prohibited.

Suppose that, following an increase in workplace accidents, an employer unilaterally implemented a new rule requiring mandatory drug and alcohol testing for any employee who experienced an...