Collective Bargaining Process Overview

Workers and employers often disagree about crucial employment terms and conditions. This causes 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 all industries have unions. Others believe that they can choose whether to join a union.

This article addresses these questions and explains how to protect collective bargaining rights. It will also discuss how union members handle grievance procedures and labor disputes.

What Is Collective Bargaining?

Employees form a union to negotiate common interests with an employer. Unified and organized workers are more effective at dealing with their employers.

"Collective bargaining" is when workers discuss conditions of employment with their employer. They also discuss unfair labor practices.

The National Labor Relations Act (NLRA) protects labor unions' right to bargain collectively. The government passed this federal law in 1935. It is also known as the Wagner Act.

The Wagner Act dictates how union bargaining representatives negotiate employment conditions. Each bargaining unit has an exclusive representative. This person represents its unit at arbitration and negotiates labor agreements.

The right to collective bargaining is not available to all employees. Notably, independent contractors and government employees are not entitled to this process. The Wagner Act also excludes public employees and members of the public sector.

Common 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

Some of these are mandatory subjects when it comes to binding arbitration. Others only arise at the bargaining table when union reps negotiate employment contracts.

Those participating in collective bargaining must act in good faith. They must refrain from certain behaviors, 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.

The Collective Bargaining Process

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

First, each side chooses a representative to protect their interests.

Next, the parties meet for a discussion. The negotiation process can get emotionally charged. So, parties agree to ground rules before they begin.

The parties will then exchange proposals to resolve the dispute. The actual bargaining process follows, where parties explore potential compromises.

The parties draft a tentative collective bargaining agreement. After further negotiations, they reach a final agreement. Finally, they'll review and sign the final collective bargaining agreement.

Benefits of Collective Bargaining

There are many benefits to collective bargaining. Some of these include:

• Better working conditions
• Higher wages
• Better benefits packages

When workers have a say in important labor issues, the business' stability increases.

The collective bargaining process gives workers a chance to voice their grievances. A successful collective bargaining process promotes dignity and mutual respect in the workplace. The negotiation process also helps avoid strikes and lockouts.

Get Legal Help With Labor Law Issues

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