How does collective bargaining work




















But the NLRA has fallen short of its goal. One of the consequences of this decline in union strength is a corresponding decline in the ability of unions in a particular sector or industry to set broad wage and benefit standards covering a large percentage of workers in that sector or industry.

When unions were stronger, they were able to align the structure of collective bargaining with the corporate structure in their industry and negotiate agreements with employers that established wage standards for an entire industry.

In this manner, unions helped raise wages for all workers, both union and nonunion. When the share of workers who are union members is relatively high, as it was in , wages of nonunion workers are higher. Specifically, the NLRA establishes a single worksite, and at most a single employer, as the default unit for bargaining. Under current law, workers and unions cannot insist that employers in their industry bargain together on a multi-employer basis with the union or a group of unions.

Despite the obstacles erected by the law and the problems created by anti-union employer tactics and declining union density, many unions have nevertheless been able to win and maintain bargaining that covers workers beyond an individual workplace.

The analysis turns on whether the work, workforce, supervision, and labor relations at the various facilities are sufficiently interrelated to justify a multi-facility unit. The courts have ruled that the NLRB does not have the authority to order a multi-employer bargaining unit, even if several similar facilities are situated near one another and the workers want to bargain together. With multi-employer bargaining, each participating employer agrees to designate an agent—typically an association—for purposes of collective bargaining, and each employer is then bound by the terms of the negotiated agreement.

This enables each union in the railroad and airline industries—once it has won collective bargaining rights for the group through an election—to bargain nationally with a single national employer. Not only is the current law biased in favor of single-facility bargaining units, but it also places obstacles in the way of workers and unions seeking to coordinate bargaining at multiple facilities.

For example, current law restricts the ability of workers and unions to coordinate expiration dates for contracts covering different bargaining units at multiple facilities, even though common expiration dates would bring rationality and order to the bargaining process. Despite the legal impediments outlined above, workers and unions in many industries throughout the country have found ways to broaden their bargaining relationships with employers to cover multiple worksites and, in some cases, multiple employers.

A variety of approaches are described below. Unions can win certification of a nationwide bargaining unit of a single employer and bargain a single collective bargaining agreement covering all locations of that employer, or they can bargain nationally on a multi-employer basis. Examples of both follow. One of the most famous examples of national multi-employer bargaining that established standards for an entire industry is the Teamsters Master Freight Agreement, negotiated by Jimmy Hoffa in the s.

However, the agreement has been undermined by deregulation and by consolidation in the industry. Nevertheless, the Teamsters are still able to bargain national agreements that raise standards for tens of thousands of freight industry workers. In addition, the Teamsters have national agreements with ABF Freight, covering more than 8, workers at over locations, and UPS Freight, covering 12, freight drivers and dockworkers.

The Teamsters also represent nearly , UPS package car, air, and feeder drivers as well as loaders, sorters, and clerks across UPS sites—making the contract covering these workers the largest private-sector collective bargaining agreement in the United States.

In the goods transportation logistics industry, the Teamsters have national agreements with DHL covering nearly 5, workers at over 50 locations. CWA also bargains separately with the other regional bell companies, which became Verizon and CenturyLink.

All of the telecommunications operations compete with nonunion cable for the same broadband market, further eroding bargaining power. One agreement covers 5, workers at 17 paper mills, and the other agreement covers 4, workers at 55 box plants around the country.

Site-specific issues are then bargained at the local level. In contrast, the union represents workers at only four of 18 Kimberly Clark facilities, and the union has not yet been able to win national bargaining at Kimberly Clark. Under the Railway Labor Act, unions that have won an election and collective bargaining rights for a craft or class of employees bargain a national agreement for that national bargaining unit with a railroad or airline.

The unions are sometimes able to set standards that other employers follow. For example, the collective bargaining agreements reached by unions on the freight railroads class 1 , where there is high union density, set a pattern for unionized commuter rail and smaller railroads. In most cases, neither party wants to reach these points, which are considered drastic measures that are used as a last resort.

Not all types of collective bargaining are the same. In fact, collective bargaining can be divided into several categories. We've noted some of the most common types below. Composite bargaining has nothing to do with compensation. Instead, it focuses on other issues, such as working conditions, job security, and other corporate policies, These may include hiring and firing practices as well as workplace discipline.

The goal of composite bargaining is to come up with a suitable agreement leading to a lasting and harmonious relationship between employers and their employees. As its name implies, concessionary bargaining focuses on union leaders making concessions in exchange for job security. This is common during an economic downturn or recession.

Union leaders may agree to give up certain benefits in order to guarantee the survival of the employee pool and, ultimately, of the business.

This process is characterized as benefitting one party financially at the expense of the other. This can come through increased bonuses , salaries, or any other financial benefits. Distributive bargaining normally favors workers over employers. Unions must have a higher degree of power in order for distributive bargaining to work. Higher membership means more power. If an employer refuses to accept a union's demands, it can call a strike. Each party tries to benefit through integrative bargaining, which is why it's often referred to as a form of win-win bargaining.

Each side tries to consider the other's position and bring issues to the table that aim to benefit both parties. As such, employees and employers both stand to lose and gain with integrative bargaining. This type of bargaining revolves around compensation and the productivity of employees.

Labor union leaders often use higher salaries and compensation as a way to boost employee productivity, which leads to higher profits and value for the employer. In order for this kind of bargaining to work, both parties need to agree to financial terms in order to increase productivity. Unions represent a variety of workers, including but not limited to grocery store employees, airline employees, professional athletes, teachers, auto workers, postal workers, actors, farmworkers, and steelworkers.

As the name implies, workers have a larger voice through collective bargaining. Being in a group with the same goal s gives employees more power to negotiate demands with their employers.

Companies may be able to shut out the voices of one or two employees but can't necessarily do the same with a larger group of unified individuals. Workplace conditions can see significant improvements and guarantee all workers with the same protections under collective bargaining. This includes the implementation of health and safety checks as well as suitable salaries, overtime pay, and vacation time.

Employers and employees are fully aware of their rights and responsibilities under a collective bargaining agreement. Once employment terms are negotiated, a contract is drawn up. Both parties agree to the terms, which are clearly defined. As mentioned above, collective bargaining is often a long, drawn-out process that can take weeks or even months. Employers and labor union leaders may have to go back and forth with employment terms.

Union leaders are required to update employees and must put the terms to a vote. If employees vote to reject a contract, the negotiating process begins again. Collective bargaining often comes at a high cost. Employees and employers may have to take time off from work in order to negotiate.

This means less time on the job and, therefore, a drop in productivity. Bargaining supports the fight for social justice. Collective bargaining gives educators a voice in their workplace. Bargaining gives new educators more support.

Collective bargaining secures fair wages and benefits, improving teacher recruitment and retention. Collective bargaining ensures fair employment procedures. Collective bargaining is good public policy. What are my options if my state doesn't have collective bargaining rights? How does collective bargaining work? While there are many local variations, here is how the collective bargaining process typically unfolds in public education: 1.

Preparing for bargaining. Conducting negotiations. Ratifying the contract. Resolving a contract dispute. Changing or clarifying the contract. How Can I Get Involved? Here's how you can work with the Union in your school: 1. Contact your AR if you need assistance or have a question. Read your contract and understand your rights.

Believe it or Not, It Happens. Are you an affiliate? Jump to updates, opportunities, and resources for NEA state and local affiliates. Learn more. Stay Informed We'll come to you From education news to action alerts to member benefits-we're here to help you succeed in your career, advocate for your students, and support public education. Sign up to stay informed. Great public schools for every student The National Education Association NEA , the nation's largest professional employee organization, is committed to advancing the cause of public education.

NEA's 3 million members work at every level of education—from pre-school to university graduate programs. Claims and agreements are a great way of recruiting new members and getting more members involved in the union. A group of UNISON reps may form a collective bargaining group to reach an agreement for better pay or changes to pensions, for example.

This may happen at either a local or national level. They may also negotiate over non pay-related issues, such as working hours, planned redundancies or the right to flexible working for carers and parents. At the moment, there is no legal requirement for employers to comply with requests for flexible working, so bargaining may be a useful way to encourage an employer to implement flexible working arrangements. This is usually achieved through a recognition agreement which sets out the procedures for negotiations between management and the unions, and the facilities such as time off available to the unions.

Negotiating is not always a skill that comes naturally, which is why UNISON provides regular training courses, through the regions, to help support reps and improve their skills in this vital work. Many branches have negotiating teams made up of branch officers and stewards so you will not normally be asked to conduct a negotiation alone.

The aim of negotiation is to reach an agreement.



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