An Administrative Law Judge of the NLRB recently issued a recommended decision and order in Ruprecht Company, finding that an employer’s decision to enroll itself in the federal government’s E-Verify program was a mandatory subject for bargaining with a union representing employees who might have been affected by the results. The employer enrolled in E-Verify after an audit by the U.S. Immigration and Customs Enforcement caused the employer to lose approximately two thirds of its workforce, which was represented by Unite Here Local 1. After the employer enrolled in E-Verify and began using it, employees told the union, the union filed a charge, and the NLRB issued a complaint. On stipulated facts, ALJ Joel Biblowitz found a violation of the NLRA, concluding that the enrollment in E-Verify was a term and condition of employment requiring notice and opportunity for the union to bargain on request. We’ll see whether this decision is “verified” by the full Board or a panel.