Negotiate Your Contract
After the union is certified from the election, the union and the employer initiate negotiations for a collective bargaining agreement (CBA) delineating employment terms and conditions, encompassing aspects such as wages, benefits, working hours, and workplace policies. Before finalization, you and your coworkers have the opportunity to vote on the contract, affirming its alignment with your collective interests and needs.
Under The NLRA, There Are 3 Categories of Subjects Related to Collective Bargaining.
Mandatory Subjects
Mandatory subjects encompass topics that have a direct impact on wages, hours, working conditions, or other terms and conditions of employment. Both employers and unions are obligated to bargain in good faith over these subjects if either party proposes them.
However, reaching an agreement is not mandatory; the requirement is to engage in the bargaining process sincerely. Even if parties reach a standoff on mandatory subjects, they are still considered legitimate areas for negotiation. Additionally, it is legally permissible for employees to strike or for employers to institute a lockout in pursuit of a resolution on a mandatory subject of bargaining.
However, reaching an agreement is not mandatory; the requirement is to engage in the bargaining process sincerely. Even if parties reach a standoff on mandatory subjects, they are still considered legitimate areas for negotiation. Additionally, it is legally permissible for employees to strike or for employers to institute a lockout in pursuit of a resolution on a mandatory subject of bargaining.
Voluntary Subjects
Voluntary, or non-mandatory, subjects encompass topics that aren’t directly related to the day-to-day work of employees. These subjects extend beyond wages, hours, and working conditions and often pertain to broader aspects of the business or industry, as well as internal union affairs. The scope can vary widely and may include matters such as organizational structure, management rights, or union membership rules.
While parties may choose to negotiate over voluntary subjects, they’re not legally obligated to do so and can refuse to discuss them without fear of facing unfair labor practice charges. Furthermore, permissive subjects cannot be bargained to a standoff, and it would be considered a violation to strike over such issues. Determining whether a proposal falls under mandatory or permissive subjects can sometimes be challenging, leading to potential legal disputes that may need to be resolved through legal action.
While parties may choose to negotiate over voluntary subjects, they’re not legally obligated to do so and can refuse to discuss them without fear of facing unfair labor practice charges. Furthermore, permissive subjects cannot be bargained to a standoff, and it would be considered a violation to strike over such issues. Determining whether a proposal falls under mandatory or permissive subjects can sometimes be challenging, leading to potential legal disputes that may need to be resolved through legal action.
Illegal Subjects
Illegal subjects encompass topics that are prohibited by law from being negotiated by either party. These subjects would violate existing laws or regulations, and therefore cannot be included in a collective bargaining agreement, regardless of mutual agreement between the employer and the union. Engaging in bargaining over illegal subjects could result in legal consequences for both parties. It's essential for employers and unions to be aware of these restrictions and ensure that their bargaining efforts remain within the bounds of the law.
Some Examples of Illegal Subjects That Unions CAN NOT Negotiate For Include...
For the workplace to become a closed shop
A closed shop means that the place can only hire union workers.
Instituting a hot cargo clause
A hot cargo clause prevents the employer from doing business with certain companies
Discrimination against employees
This includes discrimination on the basis of race, color, religion, gender, age, marital status, disability, religious beliefs, national or ethnic origin, genetic information, sexual orientation, gender identity, or pregnancy.
Hiring-hall provisions
Provisions that grant referral preference to union members, prioritizing them for job placements through the union's hiring hall system.
Links to Resources
Key terms
Collective Bargaining
A process where representatives from both the employer and the union negotiate to establish wages, working hours, and terms of employment. The outcomes of these negotiations are documented in a collective bargaining agreement (CBA).
Good-Faith Bargaining
The obligation to engage in negotiations with genuine intent to reach a collective bargaining agreement involves ensuring that duly authorized representatives attend bargaining sessions and convene at reasonable times and locations, meeting as often as required to prevent significant delays.
Bargaining Unit
The group of employees represented by the union for collective bargaining purposes.
Bargaining Team
Representatives designated by the union to negotiate with the employer on behalf of the bargaining unit.
Bargaining Proposal
A formal document outlining the union’s desired terms and conditions of employment to be negotiated with the employer.
Counterproposal
A response by the employer to the union’s bargaining proposals, often presenting alternative terms or modifications.
Mediation
A process in which a neutral third party assists the parties in reaching a mutually acceptable agreement by facilitating communication and negotiation.
Arbitration
A process in which an impartial arbitrator resolves disputes between the union and the employer by issuing a binding decision.
Strike Authorization Vote
A vote by union members to authorize the union leadership to call for a strike if negotiations fail to result in a satisfactory agreement.
Ratification Vote
A vote by union members to approve or reject the final collective bargaining agreement negotiated by the bargaining team.
