Collective Bargaining

The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining Items Bargaining Stages Bargaining Hints

Collective Bargaining The process through which representatives of management and the union meet to negotiate a labor agreement.

Good Faith Bargaining Both parties are making every reasonable effort to arrive at agreement; proposal are being matched with counterproposals. It does not mean that one party compels another to agree to a proposal.

When is bargaining not in good faith? A violation of the requirement for good faith bargaining may include the following: Surface bargaining. Going through the motion of bargaining without any real intention of completing a formal agreement.

Inadequate proposals and demand. The NLRB considers the advancement of proposals to be a positive factor in determining overall good faith. Inadequate concession. Unwillingness to compromise, even though no one is required to make a concession.

Dilatory tactics. The law require that the parties and “confer at reasonable times and intervals”. Imposing condition. Attempts to impose condition that are so onerous or unreasonable as to indicate bad faith.

Making unilateral changes in condition. This is a strong indication that the employer is not bargaining with the required intent of reaching an agreement. Withholding information. An employer must supply the union with information upon request, to enable to understand and intelligently discuss the issue raised in bargaining.

Bypassing the representative. The duty of management to bargain in good faith involves, at a minimum, recognition that the union representatives is the one with whom the employer must deal in conducting negotiations.

Committing unfair labor practices during negotiations. Such practices may reflect poorly upon the good faith of the guilty party. Ignoring bargaining items. refusal to bargaining on a mandatory item (one must bargain over these) or insistence o on a permissive item (one may bargain over these)

The Negotiating Team Both union and management send a negotiating table, and both teams usually go into the bargaining session having “done their homework.” Management uses several techniques to prepare for bargaining.

Bargaining Items Labor law sets out categories of items that are subject to bargaining: These are mandatory bargaining items, voluntary bargaining items, illegal bargaining items.

Voluntary Bargaining Items. Items in collective bargaining over which bargaining is neither illegal nor mandatory. They become a part of negotiation only through the joint agreement of both management and union. Neither party can compel the other to negotiate over those item.

Illegal Bargaining Items. Items in collective bargaining that are forbidden by law; for example, a clause agreeing to hire “union member exclusively” would be illegal in a right-to- work state. Mandatory Bargaining items Items in collective bargaining that a party must bargaining over if they are introduced by the other party---for example, pay.

Bargaining Stages The actual bargaining typically goes through several stages. First, each side presents its demands. At this stage, both parties are usually quite far apart on some issues.

Second, there is reduction of demands Second, there is reduction of demands. At this stage, each side trades off some of its demands to gain others. Third come the subcommittee studies; the parties form joint subcommittees to try to work out reasonable alternatives. Forth, the parties reach an informal settlement, and each group goes back to its sponsor.

Union representatives check informally with their superiors and the union members; management representatives with top management. Finally, once every thing is in order, the parties fine tune and sign a formal agreement.

Bargaining Hints Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each. Do not hurry. Be well prepared with firm data supporting your position. Be a god listener. Build a reputation for being fair but firm.

Cont… Learn to control your emotions and use them as a tool. Remember that collective bargaining is a compromise process. Try to understand people and their personalities. Consider the impact of present nagotiations on those in future in future years.

Impasse, Mediation And Strikes Collective bargaining situation that occurs when the parties are not able to move future toward s settlement, usually because one party is demanding more than the other will offer. If the impasse is not resolved in this way, the union may call a work stoppage, or strike, to put pressure on management.

Mediation Intervention in which a neutral third party tries to assist the principals in reaching agreement. Fact Finder: A neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement.

Arbitration The must definitive type-party intervention, in which the arbitrator usually has the arbirator settlement which the arbitrator usually has the power to determine and dictate the settlement terms.

Strike: A strike is a withdrawal of labor , and there are four main types of strike. Economic strike Unfair strike Unfair labor practice strike Wildcat strike Sympathy strike

PICKETING Having employers carry signs announcing their concern near the employer’s place of business.