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