Drafting a Bargaining Agreement

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

The significance of bargaining agreements in the workplace can scarcely be overstated. Employers and employees all over the world must come to terms on a range of issues, and laying out their rights and obligations in a comprehensive bargaining agreement is essential for the success of each relationship. These agreements are formal documents that outline exactly what is expected of each party, providing them with a legal framework to protect their respective interests should any disputes arise.

At Genie AI, we have seen firsthand the advantages that having an effective agreement in place can bring. It allows both employers and employees to express their needs, wants and expectations, as well as outlining how matters will be dealt with if disagreements occur - preventing costly litigation from arising further down the line. Establishing this platform for open dialogue also fosters better understanding between employer and employee which can create a more harmonious working environment.

These documents provide both parties with protection from any misunderstandings or disagreements that may arise in the workplace; they also ensure that no one person is held responsible should something go awry. It is vital then, that all employers and employees take time to understand its importance when forming relationships between them. To find out more about how you can easily draft your own high quality legal documents today - without paying expensive lawyer’s fees - read on below for our step-by-step guidance on drafting your own bargaining agreement, as well as information on accessing our free template library now!

Definitions

Bargaining Agreement: A document that sets out the terms of an agreement between two or more parties, typically in regards to employment.
Identifying the topics for negotiation: Determining the areas that the parties involved would like to focus on during the negotiation process.
Identifying areas of potential compromise: Looking for common ground between both parties in order to find a mutually beneficial agreement.
Gathering the necessary contact information: Collecting names, addresses, phone numbers, and email addresses of the parties involved in the negotiation process.
Identifying shared goals: Discussing the various interests of the parties and finding interests that are the same.
Researching the applicable labor laws: Investigating the laws that govern the negotiation process to ensure that the agreement is compliant with the law.
Understanding the implications of the laws: Examining the effects of the labor laws on the agreement.
Discussing the various approaches to negotiation: Examining the different ways to negotiate, such as mediation, arbitration, or negotiation.
Setting expectations for the negotiation process: Establishing what is expected of the parties in the negotiation process.
Listening and responding to the concerns of the parties: Paying attention to the worries of the parties and responding to them appropriately.
Working with the parties to reach agreement: Helping the parties come to a mutual agreement.
Drafting an agreement based on the terms of the negotiation: Writing a document that reflects the terms of the negotiation.
Incorporating the language of applicable laws: Including the language of the applicable labor laws in the agreement.
Ensuring that the agreement is legally compliant: Making sure that the agreement follows the law.
Making sure that all parties have signed the agreement: Obtaining signatures or approvals from all parties to make the agreement legally binding.
Obtaining any necessary approvals or certifications: Securing any government approvals or certifications in order to make the agreement enforceable.
Establishing a timeline for implementation: Creating deadlines for when the agreement needs to be put into place.
Communicating the changes to all affected parties: Notifying all parties of the changes to the agreement.
Establishing procedures for resolving disputes: Establishing methods for resolving any disagreements, such as mediation or arbitration.
Ensuring that the agreement is enforced in accordance with the law: Making sure that the agreement follows the labor laws.

Contents

1. Establishing the Scope of the Bargaining Agreement
2. Identifying the topics for negotiation
3. Identifying areas of potential compromise
4. Identifying the Parties Involved
5. Gathering the necessary contact information
6. Identifying shared goals
7. Understanding the Laws Governing the Bargaining Process
8. Researching the applicable labor laws
9. Understanding the implications of the laws
10. Developing a Negotiating Strategy
11. Discussing the various approaches to negotiation
12. Setting expectations for the negotiation process
13. Gaining Consent of All Parties
14. Listening and responding to the concerns of the parties
15. Working with the parties to reach agreement
16. Writing the Agreement
17. Drafting an agreement based on the terms of the negotiation
18. Incorporating the language of applicable laws
19. Reviewing and Editing the Agreement
20. Ensuring that the agreement is legally compliant
21. Ensuring that the agreement reflects the desired outcome
22. Signing and Ratifying the Agreement
23. Making sure that all parties have signed the agreement
24. Obtaining any necessary approvals or certifications
25. Understanding and Implementing Post-Agreement Procedures
26. Establishing a timeline for implementation
27. Communicating the changes to all affected parties
28. Dispute Resolution and Enforcement of the Agreement
29. Establishing procedures for resolving disputes
30. Ensuring that the agreement is enforced in accordance with the law

Get started

Establishing the Scope of the Bargaining Agreement

• Establish the scope of the bargaining agreement by first determining what the scope of the labor agreement should include, such as wages, benefits, and working conditions.
• Identify any topics or issues that are excluded from the scope of the bargaining agreement.
• Discuss the scope of the bargaining agreement with the other party to ensure it is clear and acceptable to both sides.
• Once both parties have agreed to the scope of the bargaining agreement, it should be documented in writing to ensure there is a clear understanding of the scope of the agreement.

Once you have established the scope of the bargaining agreement, you can move on to the next step.

Identifying the topics for negotiation

• Gather the list of topics that must be discussed during the negotiation process
• Make sure each member of the negotiation team is familiar with the topics
• Prioritize the topics to focus on first
• Break down the topics into subtopics if necessary
• Assign each subtopic to a specific individual or team for discussion
• Compile a comprehensive list of topics to be discussed
• When the list of topics is complete, move on to the next step of identifying areas of potential compromise.

Identifying areas of potential compromise

• Brainstorm a list of areas of potential compromise in the negotiation
• Consider the interests of both parties, their desired outcomes, and the potential solutions to the negotiation
• Consider potential solutions that are mutually beneficial and acceptable to both parties
• Identify areas where both parties may be willing to make concessions
• Identify any potential deal breakers that could derail negotiations
• When you have identified potential areas of compromise, you can move on to the next step of identifying the parties involved.

Identifying the Parties Involved

• Identify all of the parties who will be involved in the bargaining agreement, including the employer, employee, and any other relevant parties.
• Make a list of all the parties and their contact information.
• Check to ensure that all of the parties are listed and all contact information is provided.
• Once you have identified all of the parties and their contact information, you can move on to the next step.

Gathering the necessary contact information

• Collect contact information for each party involved. This should include full name, address, phone number, and email address.
• Ask each party to provide a brief description of their interests and goals.
• Schedule a meeting with each party to discuss their interests and goals.
• When you have collected all the necessary contact information and have scheduled the meetings, you can move on to the next step.

Identifying shared goals

• Determine the collective bargaining goals of both parties.
• Analyze the respective party’s current situation and assess the impact of the collective bargaining agreement on each side.
• Identify areas of agreement and disagreement between the two parties.
• List the shared goals of both parties that can be used as a basis for the collective bargaining agreement.
• Clarify any misunderstandings or disagreements about those goals.

You will know when you can check this off your list and move on to the next step when you have identified the shared goals of both parties, listed them, and clarified any misunderstandings or disagreements between them.

Understanding the Laws Governing the Bargaining Process

• Research the applicable labor laws in order to understand the regulations that govern the bargaining process.
• Examine the current state and federal labor laws that will affect the process.
• Consult legal counsel to gain a better understanding of any regulations that may impact the bargaining process.
• Understand the legal ramifications of any proposed agreement.
• When you are confident that you understand the laws governing the bargaining process you can check this off your list and move on to the next step.

Researching the applicable labor laws

• Review the applicable labor laws for the bargaining agreement
• Research any other relevant labor laws for the bargaining agreement
• Research any recent updates or changes to the labor laws
• Make a list of the labor laws that are relevant to the bargaining agreement
• Make a note of any potential conflicts between the labor laws and the bargaining agreement
• When you have a complete understanding of the applicable labor laws, you can check this off your list and move on to the next step.

Understanding the implications of the laws

• Brainstorm the potential implications of the applicable labor laws on the bargaining agreement
• Identify the legal risks associated with each of these implications
• Research case studies and prior agreements to understand how the law has been applied in similar circumstances
• Analyze the potential implications of the applicable labor laws on the bargaining agreement
• Identify any potential loopholes or discrepancies in the law
• When you have a thorough understanding of the implications of the labor laws, you can move on to the next step in the process, developing a negotiating strategy.

Developing a Negotiating Strategy

• Identify the objectives of the bargaining parties and prioritize them
• Research and analyze the relevant information and data to inform the negotiations
• Research and evaluate the current economic and business climate
• Consider the various alternatives and strategies for negotiation
• Identify potential sources of leverage and power
• Prepare and develop a negotiation plan
• When you have an effective and organized negotiation strategy, you can move on to the next step.

Discussing the various approaches to negotiation

• List out all the potential negotiation approaches that may be necessary for the bargaining agreement
• Research the pros and cons of each approach and decide which one is most likely to be successful
• Consider your goals and objectives when selecting the most suitable approach
• Discuss the strategies with the other party and come to an agreement on which one to use
• When both parties have agreed on an approach and are on the same page, you can move on to the next step.

Setting expectations for the negotiation process

• Take the time to explain what the negotiation process should look like and the expectations of each party
• Define a timeline for the negotiation process and any deadlines that need to be met
• Set ground rules for the negotiation process, such as no personal attacks or insults
• Agree on a format for the negotiations, such as meeting in person or using a video conferencing platform
• Make sure all parties understand the importance of confidentiality and trust
• Discuss the various approaches to negotiation and come to a consensus on the preferred approach

Once the expectations and ground rules have been set and agreed upon, you can move forward to the next step: gaining consent of all parties.

Gaining Consent of All Parties

• Make a list of all parties involved and ensure they are all present during the negotiation process
• Make sure each party understands their role in the process and what they are expected to contribute
• Clearly explain the terms of the agreement, and ensure that all parties are in agreement
• Go over any potential issues and concerns that the parties may have and address them
• Once all parties have expressed their agreement about the terms and have agreed to cooperate, you have successfully gained consent
• Check this step off your list and move on to the next step of the process

Listening and responding to the concerns of the parties

• Listen to the concerns of both parties and ask questions to understand their needs and interests
• Take notes to capture important points and questions
• Acknowledge the other party’s point of view and show empathy
• Clarify any misunderstandings or points of confusion
• Agree on general terms and conditions that both parties can accept
• Summarize the conversation and confirm understanding
• When both parties agree on all the points and their concerns are addressed, then this step is completed and you can move on to the next step.

Working with the parties to reach agreement

• Listen to each party’s perspective and identify areas of agreement
• Facilitate dialogue between the parties and identify areas for compromise
• Negotiate a final agreement that all parties are satisfied with
• Ensure that both parties understand the agreement and their obligations
• Write up the agreement and have both parties sign off
• When all parties have signed off, you can move on to the next step of writing the agreement.

Writing the Agreement

• Outline the terms of the bargain agreement in a document
• Make sure to include all the agreed upon terms of the negotiation
• Make sure to include all necessary legal language in the agreement
• Ensure that the document is compliant with all applicable laws
• Make sure that the parties involved understand the agreement and its contents
• Have each party involved sign the agreement
• Make sure that the agreement is legally binding for all parties involved
• Once all parties have been given the opportunity to read and sign the agreement, you can check this step off your list and move on to the next step.

Drafting an agreement based on the terms of the negotiation

• Read through all of the notes taken in the negotiation, and make sure they are clear and concise.
• Draft an agreement that reflects all of the negotiated terms and conditions.
• Make sure to include all of the agreed-upon provisions, such as details of the payment system, delivery timelines, and any other relevant details.
• Ensure that the language of the agreement is consistent and all terms are clear to avoid potential misunderstandings.
• Have the other party review the agreement and make sure they are satisfied with the terms.
• Once the agreement has been reviewed and both parties have agreed to its contents, you can move on to incorporating the language of applicable laws.

Incorporating the language of applicable laws

• Identify the applicable laws that are relevant to the agreement
• Research the applicable laws and understand how they may impact the agreement
• Incorporate the applicable laws into the agreement, including any necessary definitions, requirements, or exemptions
• Check the agreement to ensure that it complies with the applicable laws

You’ll know you’re ready to move on to the next step when you have identified the applicable laws, researched the laws and incorporated them into the agreement, and checked to make sure the agreement is compliant with the applicable laws.

Reviewing and Editing the Agreement

• Read through the entire agreement and make sure all the details are correct
• Make any necessary changes or edits to the agreement to ensure accuracy
• Have both parties involved in the agreement review and sign off on the edited version
• Once both parties have agreed to the edited version, the agreement is complete and ready to be finalized
• Make sure all signatures are present and that the agreement has been properly executed.

How you’ll know when you can check this off your list and move on to the next step:

• You’ll know you can move onto the next step when both parties have agreed to the edited version of the agreement and all signatures are present.

Ensuring that the agreement is legally compliant

• Understand the applicable laws that the agreement must adhere to
• Verify that the agreement does not contain any illegal terms
• Make sure the agreement does not conflict with any state, federal, or local laws
• Ensure that the agreement does not violate any public policies
• Obtain legal advice from a qualified attorney if needed
• When all applicable laws have been considered and the agreement is legally compliant, the step can be checked off the list and the next step can begin.

Ensuring that the agreement reflects the desired outcome

• Identify the underlying purpose of the agreement, and ensure that its language reflects the intent of the parties
• Develop language that expresses the desired outcome and makes clear the parties’ rights and obligations
• Make sure the language is clear and easily understood, without any ambiguities or inconsistencies
• Consider alternatives in order to reach an agreement that is acceptable to both parties
• Review the agreement to ensure that all terms are consistent with the intent of the parties

How you’ll know when you can check this off your list and move on to the next step:

• When the language of the agreement reflects the desired outcome and the parties’ rights and obligations and both parties are in agreement.

Signing and Ratifying the Agreement

• Ensure that the Agreement is in writing and signed by all parties.
• Have each party review the Agreement to make sure it reflects the desired outcome.
• Have each party ratify the Agreement by signing off on it.
• Make sure that all parties have signed the Agreement.
• Check that all signatures are valid and legally binding.
• When all parties have signed and ratified the Agreement, you can check this step off your list and move on to the next step.

Making sure that all parties have signed the agreement

• Ensure that all parties have signed the agreement
• Verify that each signature is legible and complete
• Check that all required information is included in the signature (name, date, title, etc.)
• Obtain all necessary copies of the signed agreement
• Once all parties have signed the agreement, you can move on to the next step of obtaining any necessary approvals or certifications.

Obtaining any necessary approvals or certifications

• Check the agreement document to see if it requires any additional approvals from outside sources or certifications from the parties involved.
• If additional approvals or certifications are necessary, contact the necessary sources for their approval or certification.
• Ensure that all necessary approvals or certifications have been obtained before continuing to the next step.
• Once all necessary approvals or certifications have been obtained, check this step off your list and proceed to the next step.

Understanding and Implementing Post-Agreement Procedures

• Have both parties review the agreement and ensure all agreed upon terms have been accurately included
• Ensure the agreement is legally binding and meets all applicable legal requirements
• Create a timeline for implementing the terms of the agreement
• Provide a copy of the agreement to both parties
• Establish a plan to monitor the agreement and make any necessary changes
• Make sure both parties understand the procedures for resolving any disagreements or disputes that may arise
• Make sure both parties understand their responsibilities and obligations under the agreement
• When all of the above steps have been completed, you can check this off your list and move on to the next step.

Establishing a timeline for implementation

• Determine the timeline for implementing the agreement and any changes that need to be made
• Discuss the timeline with the other party and make sure all deadlines are agreed upon
• Write the timeline into the agreement document
• Set a reminder for yourself to review the timeline before the start of each deadline to ensure the agreement is being followed
• Once the timeline is established and agreed upon, you can check this step off your list and move on to the next step of communicating the changes to all affected parties.

Communicating the changes to all affected parties

• Notify all affected parties of the proposed changes to the bargaining agreement.
• Make sure to include the timeline for implementation as agreed upon in the previous step.
• Make sure to explain the implications of the changes and how they affect the parties involved.
• Provide opportunities for feedback, questions, or concerns from all affected parties.
• When all parties have had the chance to review, discuss, and consider the changes, you can check this off your list and move on to the next step.

Dispute Resolution and Enforcement of the Agreement

• Determine how disputes between parties will be resolved, such as mediation, arbitration, or litigation.
• Lay out the process and timeline for resolving disputes, including the deadline for filing a claim and the rules for selecting a mediator or arbitrator.
• Define the consequences for failing to comply with the Agreement, including the use of fines, penalties, or other sanctions.
• Identify any special circumstances or provisions that may be invoked in the event of a dispute.

When you can check this off your list and move on to the next step:

• When all parties agree upon the dispute resolution and enforcement provisions in the Agreement.

Establishing procedures for resolving disputes

• Determine the type of dispute resolution process to employ (e.g. arbitration, mediation, etc.)
• Establish the ground rules for each dispute resolution process (e.g. how to select a neutral, how long a process should take, etc.)
• Decide how to select a neutral (e.g. how to choose a mediator or arbitrator)
• Establish which party will bear the cost of the dispute resolution process
• Set a timeline for resolving disputes
• Draft any other procedures necessary for resolving disputes
• Review the procedures and make any necessary revisions

You’ll know you can check this off your list and move on to the next step when you have a finalized agreement with the procedures for resolving disputes included.

Ensuring that the agreement is enforced in accordance with the law

• Consult legal counsel to ensure that the agreement complies with applicable laws and regulations.
• Ensure that the agreement contains provisions for enforcement and dispute resolution, such as specified remedies and penalties for violations.
• Draft provisions outlining the rights and responsibilities of each party in terms of the agreement’s enforcement and dispute resolution.
• After the agreement has been drafted, ensure that the agreement is reviewed and approved by the appropriate parties.

You can check this off your list when you have consulted legal counsel to ensure that the agreement complies with applicable laws and regulations, and have drafted provisions outlining the rights and responsibilities of each party in terms of the agreement’s enforcement and dispute resolution.

FAQ

Q: What do I need to consider when drafting a bargaining agreement in the UK?

Asked by Savannah on April 23, 2022.
A: When drafting a bargaining agreement in the UK, there are certain factors you must take into consideration. Firstly, you should be aware of the local laws and regulations that apply - these can vary significantly from region to region. You will also need to understand the specific industry you are working in, as well as the sector or business model (e.g. SaaS, Technology or B2B). Furthermore, you should ensure that the agreement is tailored to your particular needs and that both parties are in agreement with its terms. It is also important to ensure that any changes or amendments are recorded and that both parties are aware of them.

Q: What is the difference between a US and a UK bargaining agreement?

Asked by Noah on March 8, 2022.
A: The main difference between a US and a UK bargaining agreement is the legal framework that applies to each. In the US, agreements are generally more flexible due to their reliance on common law rather than statutory law, whereas in the UK many more specific laws may apply. Additionally, the language used in each agreement may differ due to differences in the legal systems - for example, American agreements tend to use more plain language than those from the UK. Finally, agreements from different countries often have different terms and conditions regarding dispute resolution and other matters, so it is important to ensure that you are aware of these differences before signing any contract.

Q: How do I know if I need a bargaining agreement?

Asked by Emma on October 15, 2022.
A: Whether or not you need a bargaining agreement depends on your particular circumstances. Generally speaking, if two parties are entering into a contract where they will exchange goods or services for money then it is often beneficial to have a legally binding agreement in place which sets out the terms of the arrangement. A bargaining agreement can also be useful when both parties want to ensure their rights and obligations under a contract are clear and that both sides understand their respective roles and responsibilities. Ultimately, if you think that having an agreement in place would be beneficial for your business then it is worth considering drawing one up.

Q: What types of clauses should I include in my bargaining agreement?

Asked by Liam on December 19, 2022.
A: The types of clauses you should include in your bargaining agreement will depend on the specifics of your transaction and what you want to achieve from it. Generally speaking, it is important to include clauses which specify which party has the obligation to perform certain tasks; what remedies each party has if those obligations are not fulfilled; how disputes between the parties will be resolved; how payments will be made; how long the agreement will last; what happens if either party wishes to terminate the agreement; and any other terms which are relevant to your particular situation. It is also important to ensure that all these clauses comply with relevant laws and regulations.

Q: How should I go about negotiating with my counterpart?

Asked by Abigail on November 7, 2022.
A: Negotiating with your counterpart can be an important part of drafting an effective bargaining agreement. Before beginning negotiations it is important to ensure that both parties understand each other’s needs and objectives as well as any potential areas of disagreement or difficulty. Once this has been established it can be beneficial for each party to make suggestions about how they think certain issues should be addressed - this can help to create an atmosphere of collaboration rather than competition which can make reaching an agreement easier. Additionally, it is important for both sides to remain open-minded throughout negotiations in order for them to come up with creative solutions which benefit all involved parties.

Q: What should I consider when negotiating across different jurisdictions (e.g., EU vs USA)?

Asked by Mason on May 17, 2022.
A: Negotiating across different jurisdictions can be complex due to varying laws and regulations which may apply in each region or country involved in the transaction. As such, it is important for both parties to do their research beforehand so they understand what legal framework applies and what any potential implications may be for them if they enter into an agreement under those laws and regulations. Additionally, both parties may need to agree upon a suitable governing law for their contract which outlines which laws will apply during negotiations and ultimately determine how disputes between them will be resolved if necessary. It is also important for both sides to understand cultural differences between jurisdictions as these can affect how negotiations proceed as well as how disputes between them might be handled if necessary.

Example dispute

Suing a Company Over a Bargaining Agreement

• Identify the relevant collective bargaining agreement (CBA) that was violated.
• Describe the actions taken or information provided by the company that violates the terms of the CBA.
• Explain how such actions or information has caused damages to the plaintiff.
• Demonstrate that the plaintiff has attempted to resolve the issue out of court, such as by submitting a grievance or engaging in arbitration.
• Demonstrate that the company has refused to comply with the CBA or remedy the damages.
• Calculate the monetary damages to which the plaintiff is entitled, if any.
• Make a case for punitive damages, if appropriate.
• Request an injunction to compel the company to comply with the terms of the CBA.

Templates available (free to use)

Bargain And Sale Deed With Covenant Against Grantor S Acts New Jersey
Bargain And Sale Deed With Covenant Against Grantor S Acts New York
Bargain And Sale Deed Without Covenant Against Grantor S Acts New York
Collective Bargaining Contract Administration Information Request Log
Collective Bargaining Contract Memorandum Of Contract Extending Expiring Collective Bargaining Contract S Terms
Collective Bargaining Contract Memorandum Of Contract For Successor Collective Bargaining Contract
Collective Bargaining Contract Wage Schedule
Collective Bargaining Ground Rules
Collective Bargaining Tracker Attendance Log
Collective Bargaining Tracker Bargaining Issue Log
Collective Bargaining Tracker Bargaining Notes
Collective Bargaining Tracker Contract Log
Collective Bargaining Tracker Information Request Log
Collective Bargaining Tracker Package Log
Debtor S Motion To Reject Collective Bargaining Contracts And Modify Retiree Benefits
Proposed Order Authorizing Debtor To Reject Collective Bargaining Contracts And Modify Retiree Benefits
Schedule And Summary Of Collective Bargaining Contracts
Summary Of Amendments To Collective Bargaining Contracts

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