Bargain in Good Faith During the Collective Bargaining Process

Key Points

  • All employers, including those determined to be joint employers by the National Labor Relations Board, must engage in good faith bargaining during the collective bargaining process. This requires employers to express a willingness and open mind to reach a collective bargaining agreement and engage in a since effort to do so. Employers must not simply go through the motions.
  • Employers should engage in the following conduct in order to ensure it is presenting a good-faith effort during the bargaining process: concessions to the other party, presentation of reasonable proposals, agreement to meet and confer at reasonable times and locations, exchange of relevant and available information and willingness to execute a written agreement.
  • An employer is deemed to have engaged in good faith bargaining based upon an analysis of the "totality of the circumstances", e.g. the employer's overall conduct during the bargaining process.

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