Determine If a Term or Condition of Employment Is Subject to Collective Bargaining: New Liveflo Flowchart Published!

In a unionized workplace, an employer generally is obligated under the National Labor Relations Act (NLRA) to bargain over the terms and conditions of employment with the union. But not every term or condition of employment is required to be negotiated under the NLRA, and some are even prohibited.

XpertHR's innovative Liveflo Tool now includes a flowchart to assist an employer in determining whether it is required to bargain over a term or condition of employment.

The issue of whether a particular term or condition of employment must be bargained arises when:

• An employer and a union are bargaining an initial contract;
• An expiring collective bargaining agreement is being renegotiated; and
• A change to a term or condition of employment is proposed during the life of a contract.

This flowchart takes an employer step by step through the process of determining if a term or condition of employment is a prohibited, mandatory or permissible subject of bargaining under the NLRA. Doing so will help an employer avoid violating the NLRA and risking an unfair labor practice charge.