The Cllective Bargaining
• What is Collective Bargaining?
• What is good faith?
• The Negotiating Team
• Bargaining Items
• Bargaining Stages
• Bargaining Hints
• The process through which
representatives of management
and the union meet to negotiate a
Good Faith Bargaining
• Both parties are making every
reasonable effort to arrive at
agreement; proposal are being
matched with counterproposals.
• It does not mean that one party
compels another to agree to a
When is bargaining not in good
• A violation of the requirement for
good faith bargaining may include
• Surface bargaining.
Going through the motion of
bargaining without any real
intention of completing a formal
• Inadequate proposals and
The NLRB considers the
advancement of proposals to be a
positive factor in determining
overall good faith.
• Inadequate concession.
Unwillingness to compromise,
even though no one is required to
make a concession.
• Dilatory tactics.
The law require that the
parties and “confer at reasonable
times and intervals”.
• Imposing condition.
Attempts to impose condition
that are so onerous or
unreasonable as to indicate bad
• Making unilateral changes in
This is a strong indication that
the employer is not bargaining
with the required intent of
reaching an agreement.
An employer must supply the
union with information upon
request, to enable to
understand and intelligently
• Bypassing the representative.
The duty of management to
bargain in good faith involves,
at a minimum, recognition that
the union representatives is the
one with whom the employer
must deal in conducting
• Committing unfair labor practices
Such practices may reflect poorly upon
the good faith of the guilty party.
• Ignoring bargaining items.
refusal to bargaining on a mandatory
item (one must bargain over these) or
insistence o on a permissive item (one
may bargain over these)
The Negotiating Team
• Both union and management send a
negotiating table, and both teams
usually go into the bargaining
session having “done their
• Management uses several
techniques to prepare for bargaining.
• Labor law sets out categories of
items that are subject to bargaining:
These are mandatory bargaining
voluntary bargaining items,
illegal bargaining items.
• Items in collective bargaining over
which bargaining is neither illegal
• They become a part of negotiation
only through the joint agreement of
both management and union.
• Neither party can compel the other
to negotiate over those item.
Illegal Bargaining Items.
• Items in collective bargaining
that are forbidden by law; for
example, a clause agreeing to
hire “union member exclusively”
would be illegal in a right-to-
• Mandatory Bargaining
• Items in collective bargaining
that a party must bargaining
• The actual bargaining typically
goes through several stages.
• First, each side presents its
demands. At this stage, both
parties are usually quite far
apart on some issues.
• Second, there is reduction of
demands. At this stage, each
side trades off some of its
demands to gain others.
• Third come the subcommittee
studies; the parties form joint
subcommittees to try to work
out reasonable alternatives.
• Forth, the parties reach an
informal settlement, and each
group goes back to its sponsor.
• Union representatives check
informally with their superiors and
the union members; management
representatives with top
• Finally, once every thing is in
order, the parties fine tune and
sign a formal agreement.
• Be sure to set clear objectives
for every bargaining item, and
be sure you understand the
reason for each.
• Do not hurry.
• Be well prepared with firm data
supporting your position.
• Be a god listener.
• Build a reputation for being fair
• Learn to control your emotions
and use them as a tool.
• Remember that collective
bargaining is a compromise
• Try to understand people and
• Consider the impact of present
nagotiations on those in future
Impasse, Mediation And
• Collective bargaining situation
that occurs when the parties
are not able to move future
toward s settlement, usually
because one party is demanding
more than the other will offer.
• If the impasse is not resolved in
this way, the union may call a
work stoppage, or strike, to put
• Intervention in which a neutral
third party tries to assist the
principals in reaching
A neutral party who studies the
issues in a dispute and makes a
public recommendation for a
• The must definitive type-party
intervention, in which the
arbitrator usually has the
arbirator settlement which the
arbitrator usually has the power
to determine and dictate the
A strike is a withdrawal of labor ,
and there are four main types of
• Economic strike
• Unfair strike
• Unfair labor practice strike
• Wildcat strike
• Sympathy strike
• Having employers carry
signs announcing their
concern near the employer’s
place of business.