The Collective Bargaining Process

Workers and employers often disagree about crucial employment terms and conditions. This can cause conflict in the workplace.

Sometimes, employees organize with a union to resolve important labor issues. We call this the collective bargaining process.

Many employees don't know how collective bargaining works. Some assume that their union representative takes care of everything. However, if you belong to a union, it's important to become familiar with the process.

This article explains what collective bargaining is, how the bargaining process works, and the benefits it provides to union members.

If you have questions or concerns about collective bargaining at your workplace, start by consulting with your union rep. If your employer violates the agreement or other labor laws, contact a local labor law attorney. They can help protect your union rights and work toward the best solution.

What Is Collective Bargaining?

"Collective bargaining" is the process by which workers discuss conditions of employment and unfair labor practices with their employer. Rather than have individual employees address these issues, a collective bargaining team represents the workers’ interests. Workers rely on their union representatives to protect their labor rights in exchange for paying union dues.

One benefit of having unions handle labor-management relations is that they derive power from the federal government. Labor unions’ right to negotiate collective bargaining agreements (CBA) comes from the National Labor Relations Act (NLRA), otherwise known as the Wagner Act.

The Wagner Act (1935) dictates how union bargaining representatives negotiate employment conditions with private and public employers. Each bargaining unit has an exclusive agent representing it at arbitration and negotiating labor agreements.

The Collective Bargaining Process

The collective bargaining process typically begins with a labor disagreement. This happens when workers and their employers disagree on a particular employment issue.

Some of the topics and issues that collective bargaining addresses include:

• Wages and hours
• Time off
• Working conditions
• Health coverage, retirement, and other benefits
• Raises and promotions
• Insurance
• Layoffs

The goal is for the union leader to reach a tentative agreement with the employer’s human resources team. The union representatives will then present the agreement to the members for approval.

The actual collective bargaining process is relatively straightforward:

• Each side chooses a representative to protect their interests at the bargaining table.
• After agreeing to specific ground rules, the parties begin the negotiation process by meeting for an initial discussion.
• The parties exchange proposals and begin to explore potential compromises.
• The parties draft a tentative agreement.
• After further negotiations, the two sides reach a final agreement.
• The representatives sign the final collective bargaining agreement (CBA) after presenting the agreement to the union members for ratification.

The above process is standard for unions in the private sector. In the public sector, the negotiations may also involve representatives from various state agencies.

Those participating in the collective bargaining process must act in good faith. They must refrain from certain behaviors while at the bargaining table, such as:

• Refusing to meet and bargain
• Engaging in sham or misleading negotiations
• Changing a written agreement without conferring with the other side
• Misrepresenting the employee organization

The National Labor Relations Board (NLRB) governs this behavior.

A successful collective bargaining process promotes dignity and mutual respect in the workplace. A breakdown in the negotiation process can lead to strikes and lockouts.

How Does a Union Protect Workers?

Unions protect workers in various ways, both in the public and private sectors. The three most common types of unions in the U.S. are trade unions, general unions, and industrial unions.

Unions protect worker rights, help maintain health and safety standards, and improve employees’ overall well-being.

Some of the ways in which labor organizations protect workers include:

• Negotiate contracts for higher wages and benefits on behalf of their members
• Teach members how to protect their rights as American workers
• Provide members with a toolkit to air grievances and work-related complaints
• Advocate for their members’ labor rights
• Leverage and maintain workers’ healthcare benefits, sick/vacation time, and pensions
• Help with OSHA violations
• Increase job security
• Create training and apprenticeship programs

While all these benefits are key, contract negotiations are the most important. Without collective agreements, it would be impossible to maintain and enforce the above rights and protections.

Get Legal Help with Labor Law Issues

Labor relations between workers and employees are complex. While unions provide members with legal representation, you can also meet with an experienced labor lawyer near you.