Unit 5.9 - Collective Bargaining Flashcards
What is Collective Bargaining? (CBA = contract = labor agreement)
Collective bargaining consists of management and union representatives coming together to reach an agreement that will be acceptable to their constituents.
What are the illegal, mandatory, and voluntary bargaining items?
Illegal Bargaining Items:
May not be negotiated at the bargaining table (ex. yellow dog contracts)
Mandatory Bargaining Items:
Parties must bargain (in good-faith) on these items (ex. pay, benefits)
Voluntary Bargaining Items:
Items cannot be bargained to an impasse (if one side doesn’t agree to bargain on an item, they don’t have to; ex. pension amount for people who retired a long time ago)
What does a Labor Agreement include?
Includes major bargaining issues (mandatory):
* Compensation & Benefits
* Working Conditions
* Job Security
* Discipline
* Union Security
* Contract Duration
* Management Prerogatives (management holding onto right to run the company)
What are the 4 bargaining structures?
Single Union - Single Employer
Multi-employer Bargaining/Pattern/Coalition: More than one employer with a single union
National vs. local bargaining: National level tend to focus on economic issues; local level tend to focus on working conditions
Coordinated bargaining: Several unions bargaining with a single employer (large corporations)
What are the stages of the bargaining process?
- Opening presentation of demands - union goes first; rules throughout the negotiation are decided
- Analyze the demands - pay & benefits usually discussed at the end
- Compromise - each side make counter-proposals until an agreement is reach
- Informal settlement and ratification - top management and union reps decide; ratification - becomes binding agreement for the period
Distributive vs. integrative bargaining
Distributive Bargaining:
* Common in conflict situation
* Aggressive tactics to wreak
greatest rewards
* Outcome will likely be win-lose
Integrative Bargaining:
* Cooperative problem solving
* Both parties work towards
mutual agreeance and solutions
* Open and frequent communication
What is a bargaining zone?
Overlap between the two sides
What is concession bargaining?
Negotiations that result in wage reductions or work rule “give
backs”
Focuses on union leaders making concessions in exchange for job security
Common during an economic downturn or a recession
What are Good Faith requirements?
Both parties are required to have open minds and a sincere desire to reach an agreement.
Employer’s Duty to Share (don’t have to share everything, such as info of employees, trade secrets, unnecessary info):
* Labor costs
* Information about wage increases
* Information about chemical substances
What is mediation?
Mediation (or conciliation) usually consists of having a third party listen
to both sides, evaluate the conflicting issues, clarify differences, propose
new compromises, and identify common ground for further negotiations.
Types of Mediation:
* Facilitative - the mediator directs the process by asking key questions underlying differences to arrive at a solution
- Evaluative - mediator is an attorney and focuses on protective legal rights while structuring resolution process
- Transformative - concentrated on psychological aspects such as self-esteem, empowerment, and responsiveness
What are national emergency strikes?
The president of the US can apply for an injunction to restrain a strike when the strike imperils national health & safety. Can restrain a strike for 60 days, can be extended 20 days if needed.
Under Taft-Hartley Act
