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:
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.
Author: Melissa Boyce, JD, Legal Editor
This How To details the steps a prudent employer should take to handle union issues arising from a consolidation of two or more work facilities.
This How To details the steps a prudent employer should take to prepare for collective negotiations with a union.
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An employer may use this Solicitation and Distribution Policy to manage the solicitation and distribution of information among employees and outsiders, usually in a non-union environment, and to establish guidelines for compliance with the National Labor Relations Act in a completely non-discriminatory manner.
An employer may use this policy to set the parameters for use of communication resources, particularly electronic resources, such as email, internet services and social media. The Email Policy for Collective Bargaining Agreement should be used in conjunction with an Acknowledgement and Consent Form.
New guidance is available to help an employer prepare for the collective bargaining process with a union.
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HR guidance on collective bargaining agreements.