What Does Collective Bargaining Mean for Me
Q.
What is collective bargaining?
A.
Collective bargaining is the back-and-forth process between a union and employer to negotiate pay, benefits, and working conditions on behalf of a defined bargaining unit. The goal is to reach a collective bargaining agreement, or labor contract, that the employer and every member of the bargaining unit must follow.
Basic Guide to the National Labor Relations Act: Collective Bargaining and Representation of Employees
Q.
Who decides who is in a bargaining unit?
A.
There is a process to decide who is in a bargaining unit. First, the union tries to get cards signed by a group of employees. Once they have enough cards, they propose a bargaining unit to the NLRB and employer, and can file a petition for election.
At that point, the employer and union may each present information to the NLRB about the bargaining unit configuration and whether the employees identified are appropriate to be in the bargaining unit. Ultimately, the NLRB decides which employees and positions will be included in the proposed bargaining unit and eligible to vote.
Basic Guide to the National Labor Relations Act: Collective Bargaining and Representation of Employees
Q.
If faculty from many different schools were in the bargaining unit, would there be one labor contract for all of them?
A.
While no one knows what will be in a bargaining agreement ahead of time or how many different contracts there will be, it’s most common to have one contract covering every member of a bargaining unit.
Q.
How would a labor contract account for our specific needs as specialists and researchers?
A.
While it is impossible to say what would be in a contract ahead of time, by nature, labor contacts are collectively bargained and meant to account for the collective needs of a group rather than individual needs. So, it is likely a labor contract would not be developed to account for the specific needs of specialists, researchers, or any one particular group under the contract.
Q.
How long would it take to negotiate a labor contract?
A.
A 2022 analysis by Bloomberg Law indicated that it takes 465 days (on average) to reach a first-time contract. During this time, employers are legally required to maintain the “status quo” meaning they cannot make new changes to pay, benefits, or working conditions.
Q.
How would having a collective bargaining agreement change things?
A.
If an agreement is reached, every member of the bargaining unit must follow it, even if they don’t like the terms. An immediate change would be the relationship between team members and leaders. A collective bargaining agreement may require union involvement in direct interactions between a team member and a leader. A leader may be required to follow the terms in the collective bargaining agreement when making important decisions.
Q.
Who is at the table during collective bargaining?
A.
Bargaining is between the employer and the union. Collective bargaining is typically conducted in a series of meetings where representatives from both sides exchange written proposals to try and reach a labor contract.
Typically, the union will create a small bargaining committee, as will the employer. The union’s bargaining committee often includes a few members of the bargaining unit.
National Labor Relations Act: Section 9 – Representatives and Elections
Q.
How do priorities get determined during collective bargaining?
A.
The union can prioritize whatever it would like during bargaining. It may send a survey to the bargaining unit to get input, but in a large bargaining unit, it’s likely that not every department’s priorities may make it to the bargaining table for negotiating.
Coach and Equipment Sales, 228 NLRB 440 (1977)
Q.
How does a contract get ratified?
A.
Once a proposed contract has been reached, the union will have its dues-paying members vote on whether or not to ratify the contract.
Q.
What if I don’t want to be in the union but a union is voted in?
A.
Everyone in the bargaining unit would be required to follow the terms and conditions of the labor contract, if one is reached. You may decide against joining the union but you may be required to pay an agency fee. In states like California that do not have the Right-to-Work law, unions can – and often do – negotiate a Union Security clause. A Union Security clause states that members of the bargaining unit must pay dues or agency fees, or the organization must terminate them. Agency fees are offered to members of a bargaining unit who have a verified reason (such as religious beliefs) not to pay the full amount of union dues. In many cases, agency fees are just a small percentage less than full dues and individuals who pay them are typically not allowed to vote on important union business like whether to ratify the collective bargaining agreement, go out on strike, or who the union steward(s) will be.
NLRB.gov: Employer/Union Rights and Obligations