For example, you may not Make changes in wages, hours, working conditions, or other mandatory subjects of bargaining before negotiating with the union to agreement or overall impasse, unless 1 the union prevents the parties from reaching agreement or impasse; 2 economic exigencies compel prompt action; or 3 the proposed change concerns a discrete, recurring event scheduled to recur in the midst of bargaining such as an annual merit-wage review , and you give the union notice and opportunity to bargain over that matter.
Fail to meet with the union at reasonable times and reasonable intervals. Fail to bargain in good faith concerning mandatory subjects of bargaining. Engage in bad-faith, surface, or piecemeal bargaining. Refuse to furnish information the union requests that is relevant to the bargaining process or to the employees' terms or conditions of employment.
Refuse to sign a writing that incorporates a collective-bargaining agreement you have reached with the union. Modify any term of a collective-bargaining agreement without the union's consent. Make unilateral changes in terms and conditions of employment during the term of a collective-bargaining agreement, unless the union has clearly and unmistakably waived its right to bargain or the change is too minor to require bargaining.
Do not assume that a change you deem minor would be so viewed by the Board. Refuse to bargain over the effects of a change in the scope and direction of your enterprise, even though you need not bargain over the change itself because it concerns a matter at the core of your entrepreneurial control of your business.
Whether a proposed change is a non-bargainable "scope and direction" change or a mandatory subject of bargaining may present a difficult legal question. However, subcontracting that merely substitutes one group of workers for another to do the same work under similar conditions of employment is not a non-bargainable "scope and direction" change. Refuse to recognize and bargain with a union that represents employees of an employer whose business you are acquiring if you are a Burns successor.
See NLRB v. Burns International Security Services, U. You are a Burns successor if you hire the majority of your employees from the predecessor's workforce, and from their perspective day-to-day life at work remains largely unchanged. You may, however, before hiring your workforce, set initial terms and conditions of employment without bargaining with the union, unless you are a "perfectly clear" Burns successor.
See below. Set initial terms and conditions of employment before bargaining with the union if you are a "perfectly clear" Burns successor - that is, if you make it perfectly clear that you plan to retain all of the predecessor's employees, or at least enough of them to make it evident that the union's majority status will continue, without informing them that they will be expected to work under different terms.
Refuse to recognize and bargain with a union that represents employees of an employer whose business you are acquiring, if you refuse to hire the predecessor's employees because they are unionized. In other words, if you discriminate in hiring to avoid becoming a Burns successor, you become a Burns successor - and a "perfectly clear" one at that.
Set initial terms and conditions of employment before bargaining with the union, if you acquire a business and refuse to hire employees of the predecessor to avoid becoming a Burns successor. Set initial terms and conditions of employment before bargaining with the union, if you are a Burns successor and you tell your employees that you will not permit them to be represented by the union. Evade your bargaining or contractual duties under the Act by transferring operations to a nominally different business entity that is merely the disguised continuance or "alter ego" of your former unionized business.
Bypass the union and deal directly with employees. However, you may communicate to your employees accurate information about your bargaining proposals.
Refuse to furnish, or unreasonably delay in furnishing, information the union requests that is relevant to and reasonably necessary for the performance of its representative functions, with certain exceptions. Insist to impasse on a proposal concerning a permissive subject of bargaining, or require agreement on a permissive subject as a precondition to further bargaining.
Further details about the establishment and operation of grievance procedures can be found in the Examination of Grievances Recommendation, No. Enterprises should join with representatives of organisations of workers to establish voluntary conciliation and arbitration procedures to assist in the prevention and settlement of industrial disputes between employers and workers. The above five elements provide the framework for the establishment of a mature system of industrial relations.
A climate of mutual understanding and confidence within the enterprise is favourable both to the efficient operation of the undertaking and to the aspirations of the workers.
Answer : Collective bargaining should be carried out voluntarily, freely and in good faith. The parties are free to engage in bargaining and there should be no interference from the authorities in their decisions to do so. The principle of good faith implies that the parties make every effort to reach an agreement, conduct genuine and constructive negotiations, avoid unjustified delays in negotiations, respect agreements concluded and applied in good faith, and give sufficient time to discuss and settle collective disputes.
In the case of multinational enterprises, such companies should not threaten to transfer the whole or part of an operating unit from the country concerned in order to unfairly influence negotiations. Question: Does the employer have to recognise and negotiate with each union that wants to organise my workers? Answer : The right of workers to establish or join organisations of their own choosing in full freedom implies the effective possibility of forming organisations independent of those which may already exist.
Furthermore, the voluntary negotiation of collective agreements is a fundamental aspect of freedom of association that includes the obligation to negotiate in good faith for the maintenance of harmonious labour relations. Both employers and trade unions should bargain in good faith and make every effort to reach an agreement; genuine and constructive negotiations are a necessary component to establish and maintain a relationship of confidence between the parties.
However, the existence of freedom of association does not necessarily mean that there is automatic recognition of unions for bargaining purposes.
Especially in systems where there is a multiplicity of trade unions, there is a need for predetermined objective criteria operative within the industrial relations system to decide when and how a union should be recognised for collective bargaining. This may be decided by referendum in the workplace, or by an outside certifying authority, such as a labour department or an independent statutory body.
Question: At what level s should collective bargaining take place? Answer : Collective bargaining can take place at the enterprise level, at the sectoral or industry level, and at the national or central level. It is up to the parties themselves to decide at what level they want to bargain. Question: Do the International Labour Standards provide guidance on whether wages should be the subject of negotiations?
Do you have an overview of best practices by multinational enterprises in this matter? Answer: The ILO Committee on Freedom of Association has concluded that wages, benefits and allowances may be subject to collective bargaining.
These should be related to the economic position of the enterprise, but should be at least adequate to satisfy basic needs of the workers and their families. See paragraph Answer: Yes. Collective bargaining is about establishing the terms and conditions of work, including restructuring. The specific terms of any collective bargaining agreement are matters for the negotiating parties. It is common to include provisions concerning processes for consultation, the provision of information and the involvement of workers and their representatives in discussion where a company is considering change that is likely to have an effect on workers, their conditions of employment or their employment generally.
Question: What subjects can be covered by collective bargaining? Answer: Collective bargaining is a voluntary process and must be carried out freely and in good faith. It can extend to all terms and conditions of work and employment, and may regulate the relations between employers and workers as well as between the organisations of employers and workers.
It is for the parties engaged in collective bargaining to decide what will be covered by their negotiations. However, strict limitations on the subject matter of negotiations may be possible in the case of economic stabilisation policies imposed by a government, for example on wage rates. In this case, the restriction should be imposed as an exceptional measure and only to the extent that it is necessary.
Question: What information should be shared with workers representatives for negotiations and collective bargaining? Answer : The following list provides examples of information that management should share:.
However, ILO supervisory bodies, including the Committee on Freedom of Association, have frequently stated that the right to strike is a fundamental right of workers and the principal means by which they may legitimately promote and defend their economic and social interests.
The right to strike, however, is not absolute. Legislation may set forth the conditions for the exercise of this right, for example in requirements for a vote to strike, strike notice, prior conciliation procedures, or mediation. Moreover, restrictions on the right to strike may be applied as far as the following categories of workers are concerned and in the following situations:.
Answer: The ILO jurisprudence has defined a service as essential if the interruption of the service would endanger the life, personal safety or health of the whole or part of the population.
It is important to consult national legislation because what constitutes essential services depends to a large extent on the particular circumstances prevailing in a country. Governments can prohibit strikes in essential services, [4] although certain categories of workers within these services, such as gardeners maintaining hospital grounds, should still have the right to strike if their particular functions are non-essential.
However, a non-essential service such as refuse collection may become essential if a strike lasts beyond a certain time or extends beyond a certain scope, thus endangering the life, personal safety or health of the whole or part of the population. The establishment of minimum services during a strike is also permitted where public services are deemed to be of fundamental importance [8] such as urban transport or ferry services. In the event workers are prohibited from exercising the right to strike or restricted in exercising this right, adequate, impartial and speedy conciliation and arbitration proceedings should be in place which involve the parties concerned at every stage and in which the awards, once made, are fully and promptly implemented.
Question: Is there an ILO Convention addressing whether the rights of the trade union under a collective agreement remain in force for a specific period when a company is closed, sold or privatized? Answer: There are no International Labour Standards that speak specifically to this question. Most countries have legislation or regulations covering the continued recognition of the trade union and whether any existing collective bargaining agreements would remain in force in case of closure or transfer of ownership.
National practice may provide for some flexibility in application, taking into consideration the conditions surrounding transfer of ownership, such as bankruptcy. Helpdesk for business About the Helpdesk Tools and resources Codes of practices and guidance documents Questions and answers Training and webinars Business Networks. The law should be changed to give workers and unions the ability to request multi-employer bargaining, with direction given to the NLRB to approve the request unless there are compelling reasons why the approach should not be followed.
The NLRA could be amended to add provisions for extending the terms of a collective bargaining agreement to cover a group of workers newly organized by a union that has density in the industry. Certified unions would then file for individual elections at each worksite, and the collective bargaining agreement negotiated in the sector would automatically be extended to new facilities organized in the sector. Proposals have been advanced for a sectoral bargaining system in the United States, to assure the broadest possible collective bargaining coverage.
Policy reforms should be undertaken to facilitate this outcome. The authors gratefully acknowledge the assistance of the following individuals who provided the examples and information outlined in this report:. Josh Bivens et al. Data are for See Josh Bivens et al. The report describes examples of unions setting standards for an industry or geographic area.
The wage estimates are in dollars and look at what wages would have been in had union density the share of workers in similar industries and regions who are union members remained at its levels.
Celine McNicholas et al. Pacific Metals Co. For a discussion of the ways employers legally and illegally work to defeat union organizing and union contract negotiation efforts, see Celine McNicholas et al. The agreement is binding on all facilities where the union represents workers.
Workers can also seek to bargain nationally on a multi-employer basis, but participation by employers is voluntary. A pattern agreement is a lead agreement with an employer that establishes wages, benefits, and other terms and conditions of employment that the union then takes to other employer s of workers who are represented by the union in order to attempt to persuade the other employer s to follow the pattern.
There is no legal obligation on an employer to agree to a pattern agreement, only to bargain in good faith. A master contract is an agreement negotiated between a union and an employer or a group of employers setting wages, benefits, and other terms and conditions of employment for all workers covered by the agreement—workers who may work at many facilities for many different employers for example, construction workers.
A multi-employer agreement , as its name suggests, is an agreement between a union representing employees of several different employers and those employers, which agree to bargain together and be bound by the same agreement. These various categories of bargaining may overlap; for example, a master contract may also be a multi-employer agreement or a national agreement.
Workers may also seek recognition directly from their employer through a process known as card-check recognition or majority sign-up. When the union is recognized in this manner by the employer, workers do not need to go through the NLRB process. Interview with Iain Gold, director of strategic research, and Cassandra Ogren, research director, International Brotherhood of Teamsters, conducted by Lynn Rhinehart on January 14, Neal E. Workers Approve Contract and End U. The Trump administration issued a rulemaking in February that returns to a narrow joint-employer standard that limits when a firm can be found to be a joint employer and thus share liability for violations of the NLRA.
Economic Policy Institute, May Extension contracts are common around the world, according to the International Labour Organization. Susan Hayter and Jelle Visser, The Baigent-Ready Proposal described in the text is a comparatively narrow approach to contract extension. See related work on Collective bargaining and right to organize Unions and Labor Standards Nonstandard work arrangements Gig economy Contingent workforce.
See related work on Collective bargaining and right to organize , Unions and Labor Standards , Nonstandard work arrangements , Gig economy , and Contingent workforce.
Despite the obstacles, experience has shown that when unions have built strength through strong membership and density, they have been able to bargain more broadly than for a single worksite, setting standards for an entire industry or region in the process. Policymakers should enact straightforward reforms to labor law that would facilitate this broader bargaining. Figure A. Chart Data Download data The data below can be saved or copied directly into Excel.
The data underlying the figure. Share on Facebook Tweet this chart. Copy the code below to embed this chart on your website. When union density is high, nonunion workers benefit from higher wages When the share of workers who are union members is relatively high, as it was in , wages of nonunion workers are higher. How current law impedes broad bargaining A single worksite is the default bargaining unit.
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