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HR Support on Collective Bargaining Agreements
Editor's Note: Union employers must bargain in good faith.
Overview: The labor management process may include collective bargaining. Collective bargaining is a good-faith effort by an employer and a union to engage in a give and take process to achieve a freely negotiated written contract - also known as a collective bargaining agreement (CBA).
A good faith effort typically includes:
- Meeting and conferring at reasonable times in order to negotiate the agreement;
- Furnishing requested information (i.e. the union will typically demand certain information from the employer in order to properly prepare for negotiations and the employer should provide all information relevant to a union in its role as a bargaining representative on an ongoing basis); and
- Discussing any mandatory subjects of bargaining (wages, hours, benefits, workplace rules and discipline or other terms and conditions of employment).
CBAs can provide employees with greater rights then those minimally required by state or federal law. Unions frequently fight to secure rights that are not typically covered under state or federal law - such as seniority criteria, grievance/arbitration procedures, minimum leave of benefits and retirement type of benefits.
During the process of securing a CBA, employers must be careful not to engage in any unfair labor practices, such as refusing to sign the CBA or bargaining exclusively by mail or through the exchange of written proposals only. Generally, once a CBA is signed, an employer cannot make unilateral changes to its terms and conditions. If one party ignores its obligations under the CBA, the other party can request or compel arbitration of the dispute.
Trends: Some CBAs have provisions that address paid leave, provide for leave beyond the 12 weeks of FMLA, address the availability of light duty assignments, or discuss the accrual and use of, or bidding for, paid time off.
Employers with partially or fully unionized workforces should make sure that employees leaves under the FMLA, ADA, state law or employer policy comply with the provisions of any applicable CBA and that the most favorable protections are applied.
Melissa Boyce, J.D., Legal Editor
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Michigan Freedom to Work in the Private Sector Poster
A private employer may display this poster in their workplace to advise employees of their rights under Michigan's Right to Work law which prevents employers and unions from requiring employees to join a union or pay union dues or agency fees.
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Michigan Freedom to Work in the Public Sector Poster
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Tennessee Right to Work Poster
An employer may display this poster in their workplace to advise employees of their rights under Tennessee's Right to Work law which prevents employers and unions from requiring employees to join a union or pay union dues or agency fees.
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An Arbitration Clause May Survive the Expiration of a Collective Bargaining Agreement
In Litton Financial Printing Division v. NLRB, 501 U.S. 190 (1991), the Supreme Court addressed whether a dispute over the layoff of employees which occurred well after the expiration of the collective bargaining agreement must be arbitrated nonetheless under the arbitration provision of the then-expired collective bargaining agreement.
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Sequestration May Impact Federal Contractors
If Congress and the White House do not reach a deal on the sequestration,employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result. Federal contractors should anticipate how the sequestration will directly affect their workplace with respect to complying with Worker Adjustment and Retraining Notification (WARN) Act, wage and hour requirements, benefits and immigration status as well as unions and collective bargaining agreement issues. Employers should also expect possible lawsuits from workers laid off due to spending cuts.
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Supreme Court to Resolve What Counts as 'Clothes' Under FLSA
The Supreme Court has agreed to hear Sandifer v. United States Steel Corp. and resolve a split in the circuits over what types of clothes-changing may be excluded from working time under section 203(o) of the Fair Labor Standards Act (FLSA).
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Arbitration
Arbitration is a voluntary dispute resolution process that is preferred by many employers because it is quicker and cheaper than litigation. This section reviews the enforceability of arbitration agreements, arbitration programs, the arbitration process, labor arbitration, rights arbitration and interest arbitration.
About this topic
HR guidance on collective bargaining agreements.
Labor Relations: Key Items
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Collective Bargaining Process
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Prepare for the Collective Bargaining Process With the Union
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Family and Medical Leave Policy
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What happens if an employer and union reach a deadlock in negotiations and cannot agree on all the terms of the collective bargaining agreement?
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Mandatory/Permissible/Prohibited Subjects of Collective Bargaining - Chart