Collective Bargaining- powerpoint

MGT 334 Employment & Labor Law Study Notes

Collective Bargaining Overview

• Instructor: Dawn D Brackmann

• Key Topics Covered:

  • Organized Labor / The NLRA

  • Representation / Duty of Fair Representation

  • Collective Bargaining / The CBA

  • Unfair Labor Practices

  • Public-Sector Labor Relations

National Labor Relations Act (NLRA) Provisions

NLRA Section 8(a) - Employer Prohibitions

1. Interference: Employers are prohibited from interfering, restraining, or coercing employees in the exercise of their Section 7 rights.

2. Union Domination: Employers must not dominate, interfere with, or contribute financial or other support to a union.

3. Discriminatory Practices: Employers cannot discriminate in hiring, tenure, or conditions of employment (T or C of E) to influence membership in a labor organization.

4. Retaliation: Employers may not discharge or discriminate against an employee who files charges or provides testimony under the NLRA.

5. Refusal to Bargain: Employers must not refuse to bargain with a union.

NLRA Section 8(b) - Union Prohibitions

1. Coercion: Unions cannot restrain or coerce employees in their rights under Section 7 or in selecting representatives for collective bargaining.

2. Employer Discrimination: Unions are prohibited from attempting to cause employers to discriminate against employees in T or C of E to influence union membership.

3. Failure to Bargain: Unions must not refuse to bargain with employers.

4. Secondary Picketing and Boycotts: Engaging in secondary picketing or encouraging secondary boycotts is prohibited.

5. Excessive Dues: Unions cannot require excessive or discriminatory dues or fees.

6. Payment for Non-Performed Services: Unions must not cause employers to pay for services that are not rendered.

7. Picketing for Recognition: Picketing an employer to force recognition of the union is prohibited.

Collective Bargaining Process

• Definition: The process by which a union and employer meet and confer regarding wages, hours, and other terms and conditions of employment.

• NLRA Section 8(d): States that both the employer and employees' representative must perform their mutual obligation to meet at reasonable times and confer in good faith about employment terms.

Duty to Bargain in Good Faith

• An employer must recognize a union as the exclusive bargaining representative when a majority of employees in a bargaining unit support that union.

• What Constitutes Good Faith:

  • Active participation aimed at reaching an agreement.

  • Open-mindedness and sincere desire to negotiate.

  • Efforts must be genuine and objective criteria should be applied.

  • Bargaining must take place within a reasonable time frame.

  • Individuals with authority must be present during negotiations.

  • Conduct outside of the bargaining table should also align with good faith.

Duration of the Duty to Bargain

• Mandatory duration conditions include:

  • One year following a representative election from certification.

  • A “reasonable period of time” following voluntary recognition.

  • Duration of any existing agreement.

  • At the conclusion of any existing agreement.

Subject Matter of Bargaining

Categories of Bargaining Topics

1. Mandatory: Topics that are crucially related to T & C of employment for a bargaining unit employees, broadly interpreted by NLRB and Courts.

2. Permissive: Topics that are not mandatory or prohibited. Negotiation is possible but cannot be insisted upon to the point of impasse.

3. Prohibited: Topics involving violations of the NLRA or other laws. Any agreements on prohibited subjects are considered null and void.

Mandatory Bargaining Subjects

• Include but are not limited to:

  • Wages

  • Benefits

  • Job assignments

  • Breaks

  • Grievances

  • Drug testing

  • Layoff and recall policies

  • Overtime rules

  • Discipline procedures

  • Paydays

  • Rules of conduct

  • Seniority systems

  • Working hours

  • Meal breaks

  • Subcontracting practices

  • Production classifications

  • Pension plans

  • Management rights

  • Other relevant T & C of employment

Mandatory Bargaining: Management Decisions

• Indirect impact on the employment relationship vs. direct impact, with the latter being primarily focused on employment-related aspects.

• Legal Precedent: Balancing test established by the case First National Maintenance Corp v. NLRB, 452 US 666 (1981), assessing whether decisions are driven by cost reductions or avoidance of CBA requirements.

• Employers are allowed to implement the last offer unilaterally under specific circumstances such as union avoidance, business emergencies, or impasses.

Permissive Bargaining Subjects Examples

• Topics that may be negotiated but are not required, such as:

  • Union procedures for ratifying contracts.

  • Modifications to union certifications.

  • Strike settlement agreements.

  • Corporate social responsibility initiatives.

  • Requiring transcripts of negotiation meetings.

Prohibited Bargaining Subjects

• Clearly defined as any proposals against the NLRA or laws prohibiting such actions, ensuring that agreements reached on such matters are void.

Modification of Collective Agreements

• Section 8(d): Prohibits modifications to collective agreements regarding mandatory topics unless both parties consent to changes.

• Case Example: Graymont PA, Inc and Local Lodge D92, 364 NLRB No 37 (2016).

The Duty to Furnish Information

• Employers have an obligation to provide information regarding the following:

  • Wage scales and compensation factors.

  • Job rates and classifications.

  • Statistical data on minority employment practices.

  • Employee names and addresses in the bargaining unit, with exclusions for trade secrets or confidential information.

Refusal to Bargain: Remedies

• In cases of refusal to bargain, possible remedies include:

  • Cease and desist orders issued by the NLRB.

  • Orders to resume good faith negotiations.

  • Legal enforcement through the courts.