This course establishes a foundation in collective bargaining, with a focus on identifying and analyzing key aspects of a contract and how they relate to your role. You will gain insights into the bargaining process and what happens when negotiations break down.
In this section, we will discuss the components of the collective bargaining agreement. In any bargaining agreement, certain management rights are not negotiable, including the right to manage and operate the business, hire, promote, or discharge employees.
As an HR professional sits at the bargaining table, it is important to be strategic in the process and tie the strategic plan with the concessions the organization is willing to make and the concessions the organization will not make. Another important point in the collective bargaining process is the aspect of union security.
12.2 Collective Bargaining 1 The Process of Collective Bargaining. In any bargaining agreement, certain management rights are not negotiable, including the right to manage and operate the business, hire, promote, or discharge employees. 2 Ramifications of a Bargaining Impasse. ... 3 Working with Labor Unions. ...
Another important point in the collective bargaining process is the aspect of union security. Obviously, it is in the union’s best interest to collect dues from members and recruit as many new members as possible. In the contract, a checkoff provision may be negotiated.
The collective bargaining process can take time. Both parties prepare for the process by gathering information and reviewing the old contract. They then set time lines for the bargaining and reveal their wants and negotiate those wants. A bargaining impasse occurs when members cannot come to an agreement.
There are three main classification of bargaining topics: mandatory, permissive, and illegal. Wages, health and safety, management rights, work conditions, and benefits fall into the mandatory category. Permissive topics are those that are not required but may be brought up during the process. An example might include the requirement of drug testing for candidates or the required tools that must be provided to the employee to perform the job, such as a cellular phone or computer. It is important to note that while management is not required by labor laws to bargain on these issues, refusing to do so could affect employee morale. We can also classify bargaining issues as illegal topics, which obviously cannot be discussed. These types of illegal issues may be of a discriminatory nature or anything that would be considered illegal outside the agreement.
There are three main classification of bargaining topics: mandatory, permissive, and illegal. Wages, health and safety, management rights, work conditions, and benefits fall into the mandatory category. Permissive topics are those that are not required but may be brought up during the process.
The collective bargaining process has five main steps; we will discuss each of these steps next. The first step is the preparation of both parties. The negotiation team should consist of individuals with knowledge of the organization and the skills to be an effective negotiator. An understanding of the working conditions and dissatisfaction with working conditions is an important part of this preparation step. Establishing objectives for the negotiation and reviewing the old contract are key components to this step. The management team should also prepare and anticipate union demands, to better prepare for compromises.
Because as managers and HR professionals we will be working with members of the union on a daily basis, a positive relationship can not only assist the day-to-day operations but also create an easier bargaining process. Solicitation of input from the union before decisions are made can be one step to creating this positive relationship. Transparent communication is another way to achieve this goal.
Some tips for working with unions include knowing and following the contract, involving unions in company decisions, and communicating with transparency.
This course establishes a foundation in collective bargaining, with a focus on identifying and analyzing key aspects of a contract and how they relate to your role. You will gain insights into the bargaining process and what happens when negotiations break down.
John Herbert specializes in employment, labor, government contractor, and business law. He has held senior legal and business roles with global Fortune 50 companies in their legal and business department since the late 1970s. He currently heads up a major Northeast U.S.
Our programs are expressly designed to fit the lives of busy professionals like you.