Bargaining Basics

The duty to bargain is imposed equally on both the employer and the union. This
means that the parties must come to the bargaining table in "good faith" to
negotiate. Simply put, this means that the parties bargain with the attempt to
reach an agreement. It does not mean nor require that the parties actually reach
a final agreement, but rather that they engage in the process of bargaining. This
involves meeting at reasonable times and places and with some frequency.
Bad faith bargaining is the flip side of good faith. It is defined not by any single
incident, but rather by the whole conduct of bargaining, or, as the National abor
!elations Board refers to as the "totality of conduct." Therefore, if the employer is
simply going through the motions of bargaining"showing up at the designated
times, but never engaging in the process, e#changing proposals, etc., that is
defined as "surface bargaining." $ther indicators of bad faith include% long delays
in bargaining& canceling or postponing bargaining dates& refusal to meet&
unilaterally shortened sessions& failure to e#change proposals.
'inally, "impasse" is the point at which the bargaining process has been
e#hausted after the parties have engaged in good faith bargaining without
reaching an agreement. It is elusive at best to tightly define impasse, but it
basically means that further negotiations will not result in any progress towards a
final agreement. The problem and danger with reaching impasse is that the
employer is then permitted to unilaterally implement its "last, best offer" that it
had put on the bargaining table even though no agreement had been reached.
The union has the right to stri(e if impasse and implementation occurs.
Bargaining issues are divided into three basic categories% mandatory, permissive
and illegal sub)ects of bargaining.
Mandatory Subjects
*andatory issues of bargaining are those sub)ects that directly impact "wages,
hours or wor(ing conditions." These sub)ects have also been referred to as those
that "vitally affect" employees. This means that any sub)ect that either party
proposes to bargain over that impacts any of these three areas, has to be
negotiated in good faith. These are sub)ects over which the parties must bargain
if they are requested to do so by the other party. This does not mean however,
that the parties have to reach agreement, but rather that they have to engage in
the process.
*andatory sub)ects for the most part, tend to be reasonably straight forward.
+#amples of mandatory sub)ects include% wages, shift premiums, overtime,
premium pay, longevity, pay for training, holidays, sic( days, hours of wor(, wor(
schedules, grievance procedure, wor(loads, vacancies, promotions, transfers,
layoff and recall, discipline and discharge, dues chec( off, on call pay, severance
pay, pensions, health insurance, leaves of absence, tuition reimbursement, )ob
duties, seniority, probationary period, testing of employees, rest and lunch
periods, bargaining unit wor(, subcontracting, no stri(e clause, nondiscrimination.
Permissive subjects
",ermissive" or non-mandatory issues of bargaining are those which the parties
may bargain over, but are not required. If the employer puts a permissive sub)ect
on the table, the union may engage in bargaining, but it is not obligated to do so.
The union may agree to discuss the matter, engage in full bargaining and reach
agreement on the issue, or decline to tal( about it at all. That permissive issue
then would be a dead issue. +ither party may choose to (eep it on the table, but
they cannot force such an issue to impasse. .lso, a stri(e over a permissive
sub)ect would be an unprotected activity, and unilateral implementation by the
employer would be illegal.
+#amples of permissive issues are% definition of the bargaining unit /found in the
recognition clause0, retiree benefits, internal union matters /such as how floor
representatives are elected, the amount of union dues, union officer structure,
etc.0, supervisor1s conditions of employment, interest arbitration and ma(e-up of
the employer2s board of trustees or directors.
This is an important category to (eep in mind as the union bargains. It is not
unusual to get bogged down on an issue that the union can simply identify as
permissive and decline to continue bargaining over. et2s say the employer puts a
proposal on the bargaining table to remove a classification of nurses from the
bargaining unit, li(e per diem nurses. The union may engage in the process and
learn what the hospital2s concerns are, but the union can at any time declare the
issue to be permissive and refuse to continue bargaining over the item. The union
does not have to ma(e any concession or come to any agreement over a
permissive issue.
Illegal subjects
The third category is illegal sub)ects of bargaining. These are items that cannot
be bargained over legally by either party. These issues violate a law and cannot
be entered into a contract legally even if both parties agree. +#amples of illegal
sub)ects are% discrimination against a legally recogni3ed group of people& hot
cargo clauses /a provision allowing wor(ers to refuse to handle material or goods
from a struc( facility or on an "unfair" list0& closed shop clauses /a provision that
all employee are union members before being hired-made illegal under the 4567
Taft-8artley provisions0.
It is critically important to understand these issues as well as the types and
categories of collective bargaining issues. . clear understanding of these types of
issues helps the union to formulate a bargaining strategy and tactics as the
process develops.
Stages
The stages, popularly known by the acronym DABDA, include:
[2]
1. Denial As the reality o loss is hard to ace, one o the irst reactions to
ollow the loss is !enial. "hat this means is that the person is trying to shut
out the reality or magnitude o their situation, and begin to de#elop a alse,
preerable reality.
2. Anger $"hy me% &t's not air($) $*ow can this happen to me%$) '$"ho is to
blame%$
+nce in the second stage, the indi#idual recogni,es that denial cannot
continue. -ecause o anger, the person is #ery diicult to care or due to
misplaced eelings o rage and en#y. Anger can maniest itsel in dierent
ways. .eople can be angry with themsel#es, or with others, and especially
those who are close to them. &t is important to remain detached and
non/udgmental when dealing with a person e0periencing anger rom grie.
1. Bargaining $&'ll do anything or a ew more years.$) $& will gi#e my lie
sa#ings i2$
The third stage in#ol#es the hope that the indi#idual can somehow undo or
a#oid a cause o grie. 3sually, the negotiation or an e0tended lie is made
with a higher power in e0change or a reormed liestyle. +ther times, they
will use any thing #aluable as a bargaining chip against another human agency
to e0tend or prolong the lie they li#e. .sychologically, the indi#idual is
saying, $& understand & will die, but i & could /ust do something to buy more
time2$ .eople acing less serious trauma can bargain or seek to negotiate a
compromise. 4or e0ample $5an we still be riends%$ when acing a break6up.
-argaining rarely pro#ides a sustainable solution, especially i it is a matter o
lie or death.
7. Depression $&'m so sad, why bother with anything%$) $&'m going to die
soon so what's the point%$) $& miss my lo#ed one, why go on%$
!uring the ourth stage, the grie#ing person begins to understand the certainty
o death. 8uch like the e0istential concept o The Void, the idea o li#ing
becomes pointless. Things begin to lose meaning to the grie#er. -ecause o
this, the indi#idual may become silent, reuse #isitors and spend much o the
time crying and sullen. This process allows the grie#ing person to disconnect
rom things o lo#e and aection, possibly in an attempt to a#oid urther
trauma. !epression could be reerred to as the dress rehearsal or the
'atermath'. &t is a kind o acceptance with emotional attachment. &t is natural
to eel sadness, regret, ear, and uncertainty when going through this stage.
4eeling those emotions shows that the person has begun to accept the
situation. +ten times, this is the ideal path to take, to ind closure and make
their ways to the ith step, Acceptance.
9. Acceptance $&t's going to be okay.$) $& can't ight it, & may as well prepare
or it.$
&n this last stage, indi#iduals begin to come to terms with their mortality or
ine#itable uture, or that o a lo#ed one, or other tragic e#ent. This stage #aries
according to the person's situation. .eople dying can enter this stage a long
time beore the people they lea#e behind, who must pass through their own
indi#idual stages o dealing with the grie. This typically comes with a calm,
retrospecti#e #iew or the indi#idual, and a stable mindset.
ective Bargaining Agreements
Actors' :;uity Association !ocument <ibrary
Actors' :;uity Association =A:A> represents actors and stage managers
working in theatres throughout the 3.?. ?ee the Agreements section o the
!ocument <ibrary or .!4 copies o o#er 9@ collecti#e bargaining agreements
=called Aulebooks> with theatrical producers and theatres, including
-roadway, o6-roadway, and regional.
A4?58: 5ontracts +nline
<inks to numerous state and A4?58:6created 5-A databases containing
entire contracts.
Associated Beneral 5ontractors o America66?an !iego AB5 ?an !iego
5hapter, &nc.
5onstruction labor agreements with .lasterers and 5ement 8asons,
Teamsters, 5arpenters =building>, 5arpenters =engineering>, &ron "orkers,
<aborers =building>, <aborers =engineering>, and +perating :ngineers.
5aliornia ?tate :mployee 5ollecti#e -argaining Agreements
4ind agreements between the state o 5aliornia and its employees. The page
is organi,ed by bargaining unit. A search bo0 allows ull te0t searching o the
contracts.
5ollecti#e -argaining Agreements 4ile =+ice o <abor 8anagement
?tandards>
The +ice o <abor 8anagement ?tandards maintains a ile o public and
pri#ate sector contracts, organi,ed by employer. &n many cases, ull te0t o the
contracts is a#ailable in pd ormat. ?ee the +nline <istings o .ri#ate and
.ublic ?ector Agreements or a#ailable contracts. 4or historical agreements
rom this collection, contact the Cheel 5enter at &<A.
!igital 5ommonsD&<A665ollecti#e -argaining Agreement 5ollection
The 5atherwood <ibrary pro#ides ull te0t o many recent collecti#e
bargaining agreements through its !igital5ommonsD&<A repository. The
5ollecti#e -argaining 5ollection consists o recent contracts that were on ile
with the 3. ?. !epartment o <abor =-ureau o <abor ?tatistics> and the Eew
Fork ?tate .ublic :mployment Aelations -oard. The collection relects recent,
but not usually current contracts. 4ull te0t o these contracts can be searched
rom within the document and rom the &nternet.
4lorida ?tate :mployee 5ollecti#e -argaining Agreements
4ind links to collecti#e bargaining agreements or #arious state units. Also ind
other orms and materials or state employees.
&A<: <abor 5ontracts !atabase
This database ser#es as a one6stop public on6line clearinghouse or cataloged
and digiti,ed complete te0t o union contracts. 8ost o these contracts were
ound on the public "eb in a wide #ariety o ile ormats.
<abor Agreement &nromation Aetrie#al ?ystem =+ice o .ersonnel
8anagement>
The <abor Agreement &normation Aetrie#al ?ystem =<A&A?> is a web site
rom the ederal +ice o .ersonnel 8anagement that contains speciic
inormation on collecti#e bargaining in the ederal sector. 4ind inormation on
ederal bargaining units and labor contracts.
Eegotech =<abour 5anada>
Eegotech is a 5anadian go#ernment6produced labour relations database with a
search and retrie#al component pro#iding: Access to ull collecti#e agreement
contract language and settlement reports containing the highlights o important
beneit changes including wage ad/ustments.
Eewspaper Build 8odel 5ontracts
8odel collecti#e bargaining agreements are pro#ided, one or 3. ?. and one
or 5anadian members.
EF? Bo#ernor's +ice o :mployee Aelations: ?tate <abor Aelations
Te0t o bargaining agreements between Eew Fork ?tate and #arious unions
representing state workers) matri0 o GarticlesH in each contract by topic)
salary schedules) negotiated training programs.
?chool !istrict <abor 5ontracts =?eeThroughEF>
3se the pull down menus to retrie#e ull te0t EF school district employee and
superintendent contracts. The site is sponsored by the :mpire 5enter or Eew
Fork ?tate .olicy, part o the non6partisan and non6proit 8anhattan &nstitute
or .olicy Aesearch.
"isconsin +ice o ?tate :mployment Aelations: <abor Aelations
This section o the "isconsin +?:A web site contains the inal te0t o
collecti#e bargaining agreements with unions and employee associations that
negotiate with the state. +ccupations represented by the bargaining units
include state attorneys, building trades, proessional employees, health care
proessionals, physicians and dentists, teachers, clerical employees, graduate
students, and more.