People who “Bargain”
-Union representatives
* National agreements - large negotiating teams
* Local agreements - comprised of ex-officio members, a
chief steward or grievance committee member
* Final settlement usually must be approved by
membership (union)
- Management representatives
- Top management, including policy makers, labor
relations staff, and some line executives
Three Stages of Bargaining Process
1) Preparation Stage
2) Bargaining Stage
3) Resolution Stage
3 categories of bargaining subjects -
(Borg-Warner Supreme Court Case put issues into three categories)
1) Mandatory - A party may insist on its inclusion and the
other party cannot refuse to discuss it
2) Permissive - A party must withdraw itself from bargaining if
the other party does not voluntarily agree to discuss it
3) Illegal - Violates public policy or inconsistent with NLRA
Mandatory items …
- Can’t refuse to bargain on items in this category
- Legal impasse occurs when parties cannot agree on
mandatory issues - EX’s: Rates of Pay, Wages, Hours of Employment, Drug
Testing, Now Covid Testing! - At impasse, employer can impose its final offer
Permissive items …
- A party must withdraw these items or issues from bargaining
conversation if the other party does not voluntarily agree to
discuss them - A legal impasse (walk away, strike, lockout) may not occur over
permissive items - Concessions seldom made on permissive subjects
- Examples of permissive items (not fundamental issues)
- Management’s right to have an impact upon internal union
affairs - Employer child care
- Prices in employee cafeteria
Illegal items
- Subjects or issues deemed illegal can’t be proposed even if agreed upon
- Examples of illegal items
- Violations of public policy
- Items inconsistent with the NLRA
- Discriminatory treatment of employees
- Featherbedding – union tries to trick management into hiring more
workers than needed to complete a task - Separability clause
- Standard Clause in CBA’s which provides that any portion of a
contract that conflicts with state or federal law becomes null and void
without affecting the rest of the contract
Bargaining Stage
Ground rules established by parties
* Exchange initial proposals
* Posturing
* Exchange of Proposals and counterproposals
