Collective bargaining occurs when a group of employees joins in negotiating terms of employment with their employer. This is considered a collective bargaining agreement when a final decision is made. This process implicates the National Labor Relations Act and other vital laws that employers must be aware of to protect their interests.
National Labor Relations Act
This Act guarantees employees certain fundamental rights, including:
- The right to organize into a union
- The ability to engage in a collective bargaining negotiation
- The right to be free from the interference, coercion, or restraint by an employer to form or join a union
- The right to be free from discrimination based on an applicant’s participation in a union or assistance in a union hearing
Collective Bargaining
The National Labor Relations Act requires employers and employees to engage in good-faith collective bargaining. This requires both parties not to refuse to meet with the other party, engage in misleading negotiations, or make changes to the terms of an existing collective bargaining agreement without consent from the other party.
The goal of this process is often to make a collective bargaining agreement, which is a deal that may address several employee concerns. These concerns may include but are not limited to the following:
- Employee wages
- Hours
- Disciplinary matters
- Workplace safety
- Benefits
- Raises
- Promotions
- Layoff procedures
- Work conditions
Collective Bargaining Process
The collective bargaining process usually involves the following procedure:
- Preparation – This step usually involves selecting a representative to represent the employees.
- Discussion – Both parties may establish ground rules for the negotiation.
- Proposal – The parties lay out their opinions and possible solutions.
- Bargaining – The parties negotiate and compromise until they reach an agreement.
- Collective bargaining agreement – The agreement is written and signed by the parties.
Investigative Consequences
When employees are part of a collective bargaining agreement, the process of investigations becomes particularly precise. The collective bargaining agreement likely has specific protocols that must be followed to comply with the deal. Additionally, particular laws must be adhered to, some of which come from case law. Therefore, it is paramount to work with a workplace investigator who is adept and respectful of collective bargaining agreements when your workplace is subject to a collective bargaining agreement.
Cite this article: Lynch, N. (2017). Collective Bargaining Agreements. Available: https://treatyoaklegal.com/blog/collective-bargaining-agreements/collective-bargaining-agreements/
