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Legal Issues in Collective Bargaining

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					  Legal Issues in
Collective Bargaining
   Presented by Matt Harris,
        CWA Attorney
    January 13 & 19, 2011
                Assumptions

   Not an Initial Contract

   The NLRA has Jurisdiction over the
    Employer

   This is a Very Condensed Presentation
What is Collective Bargaining?
            Initiating the Process
   Duty to Notify the Employer of the Intent
    to Bargain

       1.    Under the Law
       2.    The Existing Contract’s
             Reopener Language
       3.    Elements for a Proper
             Reopener Letter
  Initiating the Process, cont.



What are Reasonable Times and Locations
               to Bargain?
  Initiating the Process, cont.

Information Requests

 1. What Information is the Union Entitled
 to See?

 2. When Should the Requests be Made?
     Initiating the Process, cont.
Drafting Union Proposals

1.   Avoid Legalese—Use Clear, Plain
     Language
2.   Define Terms of Art in the Contract
3.   Avoid Ambiguity
     Initiating the Process, cont.
Mobilization Rights

1.   Showing Unity is Legally Protected,
     Concerted Activity (ex: wearing red
     shirts on Thursdays)
2.   Review Restrictions in the Existing
     Contract that May Limit Certain Activities
     Initiating the Process, cont.
Pre-Strike Authorization Votes

1.   Make Sure Employees are Aware of the
     Ramifications of a Strike Authorization
2.   Vote May Trigger a Reciprocal Threat of
     a Lockout
3.   60-day Notice is Required for Either a
     Strike or a Lockout (for non-ULP strikes)
               Table Tactics
   Importance of Setting Ground Rules

   Subjects of Bargaining
    1. Mandatory
    2. Permissive

   Exchanging Proposals/Counter-Proposals
    1. What is Legally Binding?
    2. The Significance of Rejected Offers
          Table Tactics, cont.

   How Sidebars or Caucuses Can be Useful

   The Importance of Accurate Note Taking

   Keeping an Open Mind
         End of Negotiations

   Review and Proofread Agreed Upon
    Language

   Determine the Ratification Process/Signing
    Date
    The Unscrupulous Employer

   Failure to Bargaining in Good Faith

   The Effects of Bargaining to Impasse

   Other Unfair Labor Practices
The Unscrupulous Employer, cont.
   Unfair Labor Practice Charges

       1.   When to File an Unfair Labor
            Practice Charge
       2.   Disadvantages to Filing a Charge

   Actions to Take When the Employer’s
    Chief Negotiator is a Lawyer
Questions & Answers

				
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