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Legal Issues in Collective Bargaining

This presentation by attorney Matt Harris from CWA covers key legal aspects of collective bargaining, including initiating the process, information requests, union proposals, mobilization rights, table tactics, dealing with unscrupulous employers, and more.

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Legal Issues in Collective Bargaining

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  1. Legal Issues in Collective Bargaining Presented by Matt Harris, CWA Attorney January 13 & 19, 2011

  2. Assumptions • Not an Initial Contract • The NLRA has Jurisdiction over the Employer • This is a Very Condensed Presentation

  3. What is Collective Bargaining?

  4. Initiating the Process • Duty to Notify the Employer of the Intent to Bargain 1. Under the Law 2. The Existing Contract’s Reopener Language 3. Elements for a Proper Reopener Letter

  5. Initiating the Process, cont. What are Reasonable Times and Locations to Bargain?

  6. Initiating the Process, cont. Information Requests 1. What Information is the Union Entitled to See? 2. When Should the Requests be Made?

  7. Initiating the Process, cont. Drafting Union Proposals • Avoid Legalese—Use Clear, Plain Language • Define Terms of Art in the Contract • Avoid Ambiguity

  8. Initiating the Process, cont. Mobilization Rights • Showing Unity is Legally Protected, Concerted Activity (ex: wearing red shirts on Thursdays) • Review Restrictions in the Existing Contract that May Limit Certain Activities

  9. Initiating the Process, cont. Pre-Strike Authorization Votes • Make Sure Employees are Aware of the Ramifications of a Strike Authorization • Vote May Trigger a Reciprocal Threat of a Lockout • 60-day Notice is Required for Either a Strike or a Lockout (for non-ULP strikes)

  10. Table Tactics • Importance of Setting Ground Rules • Subjects of Bargaining 1. Mandatory 2. Permissive • Exchanging Proposals/Counter-Proposals 1. What is Legally Binding? 2. The Significance of Rejected Offers

  11. Table Tactics, cont. • How Sidebars or Caucuses Can be Useful • The Importance of Accurate Note Taking • Keeping an Open Mind

  12. End of Negotiations • Review and Proofread Agreed Upon Language • Determine the Ratification Process/Signing Date

  13. The Unscrupulous Employer • Failure to Bargaining in Good Faith • The Effects of Bargaining to Impasse • Other Unfair Labor Practices

  14. The Unscrupulous Employer, cont. • Unfair Labor Practice Charges 1. When to File an Unfair Labor Practice Charge 2. Disadvantages to Filing a Charge • Actions to Take When the Employer’s Chief Negotiator is a Lawyer

  15. Questions & Answers

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