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| • Union representatives, management representatives, negotiating skills. |
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• Mandatory Items –The items that must be bargained in good faith. If either party so requests such as wages, hours and benefits, based upon the Borg Warner case that outlined categories of bargaining subjects.
• Rates of pay, wages, hours of employment, overtime pay, shift differentials, holidays, vacations, severance pay, pensions, insurance benefits, profit sharing plans, Christmas bonusus, company provided housing meals, and discounts, Employee Security, Job Performance, union security, management-union relationship, alcohol and drug testing, subcontracting or relocating union members work, medical exams, employee surveillance (pg 211 Table 6-1) |
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| • Employment security, Job performance, union security, management-union relationships. |
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| The provisions of collective bargaining agreements that directly protect and benefit the labor organization( union) such as dues check off and union shops |
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| Those items not related to wages, benefits, working conditions or other mandatory subjects that may be negotiated in collective bargaining if both parties agree. If one party refuses to negotiate a permissive item the other party cannot claim bad-faith bargaining or declare an impasse in negotiations over the item |
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| A contract clause stating that any portion of a contract declared invalid by state or federal law shall be declared null and void while still holding the remainder of the contract valid. |
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| Sources of Bargaining Issues |
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• Planning may be the most critical element in successful negotiations. In general negotiations plan effectively in the following ways
• Anticipation: realistic objectives, strategy, and agenda |
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| a work stoppage by a number of employees caused by a disagreement with management over certain issues such as contract negotiations grievances or unfair labor practices. |
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| A strike called by a union against the direct employer of its members when a labor dispute exists |
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| An employee strike over the failure to negotiate economic issues such as wages, benefits or other conditions of employment. During an economic strike. The employer is entitled to replace strikers permanently and need only reinstate those for who I has vacant positions. |
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| • Unfair Labor Practice Strike- |
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| A strike called over an employers action determined by law to be an unfair labor practice, such as employee discrimination because of union activity. Employers cannot hire permanent workers during a ULP strike. |
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| a strike technique used by unions that moves a strike against an employer from location to location so that hiring replacement workers becomes more difficult. |
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| A court decision rule that interprets the NLRA as allowing employers to replace striking workers with permanent workers unless it is determined that the strike was an unfair labor strike. Striking workers who apply for reinstatement may be placed on a waiting list and hired as jobs become available. |
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| • Permanent replacement workers- |
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| Under the national labor relations board, when workers are engaged in an economic strike, management can hire permanent replacements. After the strike, the striking workers cannot claim their jobs back |
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| a line or procession of union members or union supporters staging a public protest outside an employer concerning a labor dispute- often due to failed contract talks. |
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| • No strike lockout provision- |
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| a contract clause restricting both the unions ability to call a strike and managements ability to stage a lock out. |
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| the introduction of a neutral third party into a grievance situation or collective bargaining impasse. Although mediators have no decision making powers they use their skills and work actively to achieve a settlement that is mutually agreeable to both sides |
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| a process used to resolve an impasse in negotiations where the parties submit the unresolved items to a neutral third party to render a binding decision. (Chilling effect and narcotic effect pg 225) |
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| can be used to delay a strike, bring an unreasonable demand to the publics attention, create an atmosphere for new ideas, and if reasonable recommendations are made, pressure the party into acceptance. |
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| The obligation of both parties to reduce to writing and sign any agreement reached through the collective bargaining process. Refusal to sign can be declared an unfair labor practice |
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| • Provisional intent test- |
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| when knowledable but uninvolved parties read the draft of a collective bargaining agreement after it has been reached to determine whether the drafting accurately reflects the interests of the parties. |
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| A CBA provision that requires employees to be members in good standing of a union |
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| A contracts provision requiring that the employer deduct union dues directly from union employee pay checks. The collected dues are then deposited in the union treasury. |
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| closed shop, open shop, union shop, union hiring hall, agency shop, maintenance of membership, miscellaneous forms of union security. (pg 230) |
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| a union security arrangements that requires employers to hire only union members. Closed shops were generally made illegal under the Taft Hartley act |
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| a form of union security in which the workers within a bargaining unit may decide whether to join a union. Those who choose not to join are not required to pay union dues or fees or amounts equal to dues or fees. |
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| union security provision that all new employees must become union members in good standing |
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| A labor contract provision that requires employees to contribute a sum of money equal to a union membership dues but does not require the employee to join the union. The employee benefits from collective bargaining by the union and in turn gives financial support to the union for negotiations contract administration and other actions. |
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| the federal law permitting states to prohibit agreements requiring membership in a labor organization as a condition of employment. |
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| • Two new categories of employees: |
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| Free riders and cheap riders |
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| employees within a bargaining unit who choose not to join the union that bargains for an agreement for the unit. Although the employee receives all the negotiated benefits they pay no costs associated with the union |
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| Employees within a bargaining unit who choose not to join the union that bargains an agreement but are required to pay a fee to the union to provide their share of the costs associated with negotiations( usuallu 80-85 percent of the regular dues) |
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A clause in a collective bargaining agreement that allows negotiations to take place during the term of the contract on certain mandatory items such as wages or insurance coverage.
Reserved rights |
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| the generally accepted contention that all rights not specified in an agreement or shared with a union remain the unwritten or implied rights of management. |
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| contract provisions that place specific limitations on areas generally considered management rights. |
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| The general rule followed by the National Labor Relations board stating a current and valid labor contract can prevent another union from petioning for an election and being certified as the exclusive representative for the term of the existing contract. (Pg 236) |
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the first 30 day period in the last 90 days before the termination of a collective bargaining agreement during which employees can vote to change their bargaining agent.
• Insulated period- the last 60 days before a collective |
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| the last 60 days before a collective bargaining agreement is due to expire in which the existing bargaining agent cannot be subject to an employee vote to change bargaining agents. |
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| some states require public bodies such as city councils to conduct their official business in public sessions open to citizens and the press. |
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