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Collective Bargaining Workshop

This workshop provides a comprehensive legal overview of collective bargaining, including the definition, applicable laws, duty to bargain in good faith, mandatory and permissive subjects of bargaining, impasse, and tips for negotiation.

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Collective Bargaining Workshop

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  1. Collective Bargaining Workshop A Legal Overview Presented by

  2. Labor Union: Definition • An organization of workers created to maintain or improve the conditions of employment

  3. Collective Bargaining: Definition • To bargain collectively is for the employer and the union to meet at reasonable times and negotiate in good faith regarding wages, hours, and other terms and conditions of employment • It is considered an Unfair Labor Practice if an employer or union refuses to bargain collectively • Collective Bargaining Agreement: the agreement that results from collective bargaining negotiations

  4. Applicable Laws Governing Collective Bargaining • National Labor Relations Act (NLRA) • Railway Labor Act (RLA) • State Laws for Public Employers

  5. NLRA: The Duty to Bargain in Good Faith • Good faith: open mind and sincere desire to reach an agreement • The duty to bargain in good faith is evaluated by examining all conduct • National Labor Relations Board does not judge the actual terms of the labor agreement, but rather whether the agreement was bargained for in good faith

  6. NLRA: The Duty to Bargain in Good Faith (continued) • National Labor Relations Board will look at the concessions (giving in on a point) • Good-faith bargaining does not require either party to agree to a proposal or require the making of a concession • But conceding on some points in order to gain on others is considered a sign of good faith • The quality, not number, of concessions is important

  7. NLRA: The Duty to Bargain in Good Faith (continued) • May be considered as bad faith (but one alone is not enough) • Surface bargaining – “go through motions” (e.g., rejecting other party’s proposal without attempting to resolve the differences) • Demanding to eliminate a long-standing provision of prior contracts between the parties • Tactics to purposely delay (e.g., schedule of meetings) • Imposing conditions (e.g., refusing to negotiate until strike ends)

  8. NLRA: The Duty to Bargain in Good Faith (continued) • Not considered as bad faith • Showing mutual hostility or negotiating in a cool atmosphere • Demanding to eliminate a provision that existed in previous collective bargaining agreements

  9. NLRA: The Duty to Bargain in Good Faith (continued) • Remedies for violation of the duty to bargain in good faith • Order to cease and desist • Order to bargain in good faith • Order to make whole • Back-pay (paying back past wages and benefits that an employee would have received if there was not bad faith) • Reinstating working conditions or benefits eliminated

  10. NLRA: Mandatory Subjects of Bargaining • Mandatory Subjects of Bargaining • Wages: any form of compensation • Hours: work day, work week • Other terms and conditions of employment (e.g., subcontracting of union work) • Employer is not allowed to make changes regarding these subjects on its own • Employees are not allowed to make individual agreements with the employer regarding these subjects • Duty to furnish relevant information to the other side • Pleas of inability to pay by the employer require proof upon demand

  11. NLRA: Permissive Subjects of Bargaining • Permissive subjects are those that may be, but are not required to be, bargained. • Some examples: Definition of bargaining unit, internal union affairs, settlement of Unfair Labor Practices charges • If a party refuses to bargain a permissive subject, it is not considered an Unfair Labor Practice • But if a party insists to an impasse due to a permissive subject, it is considered an Unfair Labor Practice

  12. NLRA: Illegal Subjects of Bargaining • Illegal subjects are ones that a party may not propose • It would be considered an Unfair Labor Practice if a party demanded to bargain one of the following: • Segregation of employees by race

  13. NLRA: Impasse • Definition: An impasse is reached when the parties cannot agree after thorough good-faith negotiations • When impasse is reached, the duty to bargain is suspended • But if the impasse is due to a party’s bad faith or unfair labor practices, then the suspension of the duty to bargain does not occur • Impasse on a single issue does not suspend duty to bargain on other unsettled issues • When impasse is reached, employer may make changes in working conditions, but only if they are consistent with the employer’s rejected offers to the union

  14. Workshop Problem • Main Open Items • Wages • Subcontracting bargaining unit work

  15. Workshop Problem: Tips • Meet with your team in a caucus, or a private session (repeat as necessary) • Do not have to move on all issues each time • Try to settle each issue by itself • Then try mutual withdrawals or “drops” • Then try package proposals

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