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

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

What is Collective Bargaining?

Initiating the Process Duty to Notify the Employer of the Intent to Bargain 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

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

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

Initiating the Process, cont. Drafting Union Proposals 1. Avoid Legalese—Use Clear, Plain Language 2. Define Terms of Art in the Contract 3. Avoid Ambiguity

Initiating the Process, cont. Mobilization Rights 1. Showing Unity is Legally Protected, Concerted Activity (ex: wearing red shirts on Thursdays) 2. Review Restrictions in the Existing Contract that May Limit Certain Activities

Initiating the Process, cont. Pre-Strike Authorization Votes 1. Make Sure Employees are Aware of the Ramifications of a Strike Authorization 2. Vote May Trigger a Reciprocal Threat of a Lockout day Notice is Required for Either a Strike or a Lockout (for non-ULP strikes)

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

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

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

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

The Unscrupulous Employer, cont. Unfair Labor Practice Charges 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 Actions to Take When the Employer’s Chief Negotiator is a Lawyer

Questions & Answers