Mandatory bargaining topics

Use sources provided Provide your best answers to the following questions in a Word document, using full sentences, following a Q & A format. Total pages expected to answer the questions: 3-4 pages. Explain what is meant by “mandatory bargaining topics” and provide three examples. Give a brief overview of the National Labor Relations Act and what it covers. Does it have another name? Has the NLRA been amended? If so, by what law? Give a brief overview of the Sarbanes-Oxley Act of 2002. What is the Railway Labor Act? What is the Landrum Griffin Act? What is the AFL-CIO? What are some common exceptions to employment-at-will? What do the following terms mean: “union shop,” “closed shop,” and “agency shop”? What is the intent of “right to work” laws? The Process of Collective Bargaining When employees vote to unionize, the process for collective bargaining begins. Collective bargaining is the process of negotiations between the company and representatives of the union. The goal is for management and the union to reach a contract agreement, which is put into place for a specified period of time. Once this time is up, a new contract is negotiated. In this section, we will discuss the components of the collective bargaining agreement. In any bargaining agreement, certain management rights are not negotiable, including the right to manage and operate the business, hire, promote, or discharge employees. However, in the negotiated agreement there may be a process outlined by the union for how these processes should work. Management rights also include the ability of the organization to direct the work of the employees and to establish operational policies. As an HR professional sits at the bargaining table, it is important to be strategic in the process and tie the strategic plan with the concessions the organization is willing to make and the concessions the organization will not make. Another important point in the collective bargaining process is the aspect of union security. Obviously, it is in the union’s best interest to collect dues from members and recruit as many new members as possible.

In the contract, a checkoff provision may be negotiated. This provision occurs when the employer, on behalf of the union, automatically deducts dues from union members’ paychecks. This ensures that a steady stream of dues is paid to the union. To recruit new members, the union may require something called a union shop. A union shop requires a person to join the union within a certain time period of joining the organization. In right-to-work states a union shop may be illegal. Twenty-two states have passed right-to-work laws. These laws prohibit a requirement to join a union or pay dues and fees to a union. To get around these laws, agency shops were created. An agency shop is similar to a union shop in that workers do not have to join the union but still must pay union dues. Agency shop union fees are known as agency fees and may be illegal in right-to-work states. https://youtu.be/ubIWyT7nGdU In a collective bargaining process, both parties are legally bound to bargain in good faith. This means they have a mutual obligation to participate actively in the deliberations and indicate a desire to find a basis for agreement. There are three main classifications of bargaining topics: mandatory, permissive, and illegal. Wages, health and safety, management rights, work conditions, and benefits fall into the mandatory category. Permissive topics are those that are not required but may be brought up during the process. An example might include the requirement of drug testing for candidates or the required tools that must be provided to the employee to perform the job, such as a cellular phone or computer. It is important to note that while management is not required by labor laws to bargain on these issues, refusing to do so could affect employee morale. Some bargaining issues are illegal topics, which obviously cannot be discussed. Illegal issues may be of a discriminatory nature or anything that would be considered illegal outside the agreement. Examples of Bargaining Topics Pay rate and structure Health benefits Incentive programs Job classification Performance assessment procedure Vacation time and sick leave Health plans Layoff procedures Seniority Training process Severance pay Tools provided to employees Process for new applicants Steps in Collective Bargaining The collective bargaining process has five main steps. The first step is the preparation of both parties. The negotiation team should consist of individuals with a) knowledge of the organization and b) the skills to be an effective negotiator. An understanding of the working conditions and the dissatisfaction with them is an important part of this preparation step. Establishing objectives for the negotiation and reviewing the old contract are key components to this step. The management team should also prepare for and anticipate union demands, to better prepare for offering compromises. The second step of the process involves both parties agreeing on how the timelines will be set for the negotiations. In addition, setting ground rules for how the negotiation will occur is an important step, as it lays the foundation for the work to come. In the third step, each party comes to the table with proposals. They will likely involve initial opening statements and options to resolve any existing situations. The key to a successful proposal is to come to the table with a “let’s make this work” attitude. An initial discussion takes place and then each party generally goes back to determine which requests it can honor and which it can’t. In step 4, more meetings are generally set up to continue further discussion and negotiation. This step may take many months and proposals. The fifth step occurs when the group comes to an agreement or settlement. A new contract is written and the union members vote on whether to accept the agreement. If the union doesn’t agree, then the process begins all over again. Ramifications of a Bargaining Impasse