Bargain in Good Faith During the Collective Bargaining Process

Key Points

  • All employers must engage in good faith 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 sincere effort to do so.
  • In order to demonstrate good faith, employers should be amenable to making concessions to the other party, presenting reasonable proposals, agreeing to meet and confer at reasonable times and locations and exchanging relevant and available information. They should also be willing 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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