Understanding Collective Bargaining

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

Introduction

Collective bargaining is the primary means by which workers and labor unions come together to ensure that their rights and interests are taken into account in the workplace. It is an essential process for achieving fairness and balance, allowing employers and employees to negotiate terms and conditions of employment, such as wages, hours, benefits, and other conditions of employment. For workers and unions, it provides a crucial tool for protecting their rights in the decision-making process; for employers, it helps ensure that their business operations remain profitable; for both sides it serves as a legally binding contract to protect their rights.

Collective bargaining has also become increasingly important from a public policy perspective. By engaging in collective bargaining agreements (CBAs), employers and employees can make sure their voices are heard in the decision-making process while ensuring that everyone involved is treated fairly and equitably. This allows policy makers to take steps towards promoting public confidence in these agreements while strengthening the protections they provide.

The Genie AI team understand how complex collective bargaining can be - so we’ve created a comprehensive guide to help you get through every step of the process with ease. Our team have compiled millions of datapoints on market-standard collective bargaining documents into an open source legal template library that anyone can access without having to pay a lawyer’s fees or go through long negotiations with experts - giving people more control over how they approach CBAs than ever before!

If you’re looking for help understanding or drafting your collective bargaining agreement then look no further than Genie AI’s free template library: our step-by-step guidance makes navigating this complex field easier than ever before! With our templates you don’t even need an Genie AI account - we just want to give people more control over something as vitally important as collective bargaining! So if you’re ready to take charge of your workplace relationships today then why not read on below?

Definitions

Good Faith Bargaining: A requirement that both parties negotiate in an open, honest, and respectful manner.
Economic Leverage: The use of tactics such as strikes or lockouts to put pressure on either side to make concessions.
Interest-Based Negotiation: A negotiation style where both parties focus on the interests of the parties rather than their positions.
Role of Government: The involvement of the government in the collective bargaining process, such as setting labor standards and regulations or intervening in negotiations.
Role of Unions: Representing the interests of their members and striving to negotiate fair and equitable contracts.
Legal Rights of Unions: The legal rights that unions have in many countries, such as the right to organize, to bargain collectively, and to strike.
Requirements for Collective Bargaining Agreements: Laws and regulations that must be followed when creating a collective bargaining agreement.
Cost of Negotiations: The expenses that both employers and employees incur in order to prepare for and participate in collective bargaining.
Time Commitment: The amount of time and energy required by both employers and employees to negotiate an agreement.
Risk of Strike or Lockout: The potential disruption in production and lost wages that could result from a strike or lockout.
Scope of Negotiations: The topics that are typically discussed during collective bargaining, such as wages, working hours, and benefits.

Contents

1. Definition and Overview of Collective Bargaining
2. Origins and History of Collective Bargaining
3. Principles of Collective Bargaining
4. Good Faith Bargaining
5. Use of Economic Leverage
6. Interest-Based Negotiation
7. Role of Government
8. Role of Unions
9. Typical Issues Addressed During Collective Bargaining
10. Wages
11. Working Hours
12. Health and Safety
13. Benefits
14. Job Security
15. The Negotiation Process
16. Preparation
17. Identifying Priorities
18. Exchange of Proposals
19. Bargaining
20. Finalizing an Agreement
21. Legal Implications of Collective Bargaining
22. Laws Governing Collective Bargaining
23. Legal Rights of Unions
24. Requirements for Collective Bargaining Agreements
25. Benefits of Collective Bargaining
26. Increased Job Security
27. Improved Wages and Benefits
28. Improved Working Conditions
29. Improved Employee-Employer Relations
30. Challenges of Collective Bargaining
31. Cost of Negotiations
32. Time Commitment
33. Risk of Strike or Lockout
34. Scope of Negotiations
35. Strategies for Successful Collective Bargaining
36. Establish Goals
37. Research and Prepare
38. Develop a Negotiation Strategy
39. Create a Support System
40. Stay Focused
41. Be Flexible
42. Strategies for Managing Conflict During Collective Bargaining
43. Identify the Root Cause of the Conflict
44. Listen to All Parties Involved
45. Find Common Ground
46. Develop a Plan to Address the Conflict
47. Openly Communicate
48. Conclusion

Get started

Definition and Overview of Collective Bargaining

• Understand the definition of collective bargaining - a process in which a group of employees negotiate with their employer or employers’ representatives to establish terms and conditions of employment.
• Learn who is typically involved in collective bargaining - employers, employees, and their representatives.
• Get familiar with the goals of collective bargaining - to reach an agreement that is beneficial to both employers and employees.
• Understand the main topics of collective bargaining - wages, hours, and working conditions.
• Become familiar with the different types of collective bargaining - economic and non-economic bargaining.

Once you have completed the definition and overview of collective bargaining, you will have a better understanding of the process and can move on to the next step.

Origins and History of Collective Bargaining

• Research the history of collective bargaining agreements in the US and other countries
• Understand the historical significance of collective bargaining
• Learn about the development of collective bargaining in its various forms
• Explore the emergence of collective bargaining in the 19th century
• Identify the major milestones in the evolution of collective bargaining

Once you have done the research and familiarized yourself with the history of collective bargaining, you can check this step off your list and move on to the next step.

Principles of Collective Bargaining

• Understand the concept of collective bargaining and how it is used to resolve disputes between employers and employees.
• Learn the different categories of bargaining, including economic, non-economic, and benefit issues.
• Research the legal framework for collective bargaining and the laws that govern it.
• Learn about the different services and resources available to assist in collective bargaining.
• Understand the different strategies and tactics involved in collective bargaining.
• Explore case studies and best practices for successful collective bargaining.

How you’ll know when you can check this off your list and move on to the next step: Once you have a thorough understanding of the principles of collective bargaining and have researched all of the relevant laws, resources, and case studies, you will be able to move on to the next step of the guide.

Good Faith Bargaining

• Understand the concept of good faith bargaining and why it is an important part of the collective bargaining process
• Know what principles and behaviors constitute good faith bargaining
• Be aware of the consequences of not engaging in good faith bargaining
• Understand how to create an environment of good faith bargaining
• Determine when good faith bargaining has been achieved

Once you are familiar with the concept of good faith bargaining and can identify the principles and behaviors that constitute it, you can move on to the next step.

Use of Economic Leverage

• Identify and analyze the economic leverage available to both parties in collective bargaining
• Consider the economic strengths and weaknesses of each side and how they can be used to gain leverage
• Explore potential strategies for using economic leverage, such as job actions, strikes, and lockouts
• Determine how economic leverage can be used to influence outcomes in negotiations
• When you have explored the use of economic leverage and have a plan for how it can be used, you can check this step off your list and move on to the next step of interest-based negotiation.

Interest-Based Negotiation

• Understand the purpose of interest-based negotiation. This is a method of collective bargaining that emphasizes the interests of the parties involved rather than the positions they take.
• Identify the interests of the parties involved in the bargaining process. This should include the needs, wants, and preferences of each party.
• Create a list of potential solutions to the collective bargaining issues. Brainstorm ideas and prioritize them based on the interests of the parties involved.
• Negotiate with the other party or parties to come to an agreement that meets their interests. This could involve a combination of solutions from the list of potential solutions.
• Determine if an agreement has been reached that meets the interests of the parties involved. If an agreement is reached, the collective bargaining process is complete.

You will know that you can check this step off your list when an agreement is reached that meets the interests of the parties involved.

Role of Government

• Understand the role of government in the collective bargaining process, including any related laws and regulations
• Know how government can influence negotiations, either through direct or indirect action
• Understand the role of government in enforcing any agreements made between the union and employer
• Be able to explain what happens when a collective bargaining agreement is not reached or is violated
• Be able to explain how the government can help to resolve disputes between union and employer
• Understand the role of government in monitoring compliance with collective bargaining agreements

When you can check off this step, you’ll have a clear understanding of the role of government in collective bargaining.

Role of Unions

• Understand the role unions play in collective bargaining
• Know the purpose of unions and how they are structured
• Learn how unions protect their members and how they can influence the collective bargaining process
• Understand the different types of unions, such as trade unions and public sector unions
• When you have a good understanding of unions and their role in collective bargaining, you can check this off your list and move on to the next step.

Typical Issues Addressed During Collective Bargaining

• Identify key topics to be discussed in the collective bargaining process such as wages, benefits, working conditions, and job security
• Understand the role of unions and their motivations in the collective bargaining process
• Evaluate the interests of employers in the negotiation process
• Establish clear objectives for both parties
• Determine the scope of the negotiations and create a strategy for the collective bargaining process
• Compromise and negotiate in a manner that is fair and balanced for both parties

You will know when you can check this off your list and move on to the next step when you have identified all of the topics to be discussed, established clear objectives for both parties, created a strategy for the collective bargaining process, and negotiated in a manner that is fair and balanced for both parties.

Wages

• Research the wages of similar jobs in your area
• Understand the needs of your employees related to wages
• Brainstorm strategies to increase wages
• Calculate the cost of living increases for your employees
• Estimate the impact of wage increases on your company
• Determine the maximum amount you are willing to offer
• Know the minimum amount you are willing to accept
• When you have all of this information, you can decide on a wage offer and move on to the next step of understanding working hours.

Working Hours

• Research the applicable labor laws to understand the legal parameters of working hours for employees covered by collective bargaining agreements.
• Review the collective bargaining agreement to determine what the specified working hours are for employees.
• Determine the overtime rate of pay and how overtime is calculated.
• Understand how overtime is distributed and any limitations on working hours.
• Understand how shift assignments are made and how shift swaps work.
• Understand how vacation and other time off is managed and distributed.
• Research any available resources for employees, such as flexible work schedules or telecommuting.

When you have a thorough understanding of the working hours that are included in the collective bargaining agreement, you can check this step off your list and move on to the next step: Health and Safety.

Health and Safety

• Research the Occupational Safety and Health Administration (OSHA) regulations that relate to your industry.
• Make sure that you understand the requirements of the OSHA regulations for your industry.
• Determine the safety needs of your workforce and the best ways to address them.
• Ensure that safety protocols are established and followed in the workplace.
• Create a process for reporting and addressing safety issues.
• Implement a system for tracking safety incidents.

You’ll know you can check this off your list and move on to the next step when you have a comprehensive understanding of the OSHA regulations that relate to your industry; have established safety protocols in the workplace; and have a process in place for reporting and addressing safety issues.

Benefits

• Learn the legal requirements for collective bargaining and what is necessary for the process to be successful
• Understand the different types of collective bargaining and the various forms of bargaining
• Develop an understanding of the bargaining process and how it works
• Learn how to negotiate a collective bargaining agreement
• Identify and analyze current bargaining issues
• Develop strategies for successful bargaining
• Understand the importance of a good labor-management relationship
• Learn the steps necessary to implement a collective bargaining agreement

You will know you can check this off your list and move on to the next step when you have a thorough understanding of the benefits of collective bargaining and how to successfully negotiate a collective bargaining agreement.

Job Security

• Understand the concept of job security and what it means in terms of collective bargaining
• Learn about the different types of job security, such as seniority rights, job tenure, and bumping rights
• Research the legal protections available for job security and how they differ between states
• Know how to negotiate job security and how to include it in a collective bargaining agreement
• Be aware of the consequences of not including job security in a collective bargaining agreement
• Understand the importance of job security in collective bargaining and how it affects employees

Once you have a thorough understanding of job security and its importance in collective bargaining, you can check this step off your list and move on to the next step.

The Negotiation Process

• Develop a clear understanding of what your organization needs and wants from the collective bargaining process
• Research the current market landscape and the competitive landscape to understand your bargaining power
• Understand the labor laws that may affect the process and the bargaining objectives
• Assess the bargaining climate and the environment to determine the best approach for negotiation
• Research and develop strategies that will meet the needs and wants of the organization without overreaching
• Develop a timeline to plan the negotiation process
• Establish communication protocols and rules of engagement
• Develop a proposal for negotiations
• Negotiate in good faith and stay within the parameters of the proposal
• Finalize the contract and document the agreement
• When the agreement is reached, you can move on to the next step.

Preparation

• Gather all relevant information pertaining to the collective bargaining process, such as the current collective agreement, cost of living data, current industry trends, and any other data that could be relevant
• Research the union and its members to understand their objectives and needs
• Research the employer and their goals, strategies, and objectives in the collective bargaining process
• Determine the team that will be responsible for representing the employer in the collective bargaining process
• When you have all the necessary research completed and the team is in place, you can move on to the next step.

Identifying Priorities

• Brainstorm with representatives from both sides to list out all potential issues that need to be addressed in the collective bargaining process.
• Prioritize the issues in order of importance to both sides.
• Consider the short-term and long-term impacts of the issues, and prioritize the ones that are most important to the collective bargaining process.
• Establish a timeline for achieving agreement on each issue.
• Discuss any potential compromises or trade-offs that could be made in order to reach agreement on issues that are a priority to both sides.
• When all issues of priority have been identified and a timeline established, you can move on to the next step: Exchange of Proposals.

Exchange of Proposals

• Analyze the demands and counter proposals of each side and look for common ground.
• Reach an agreement on the main issues and bring the details to the bargaining table.
• Bring in a neutral third party if necessary to mediate the bargaining process.
• Once both parties have agreed on a proposal, document the agreement and have both parties sign it.

You will know you have completed this step when both parties have agreed on a proposal and signed it.

Bargaining

• Consider what is important to each party
• Identify the common goals between both parties
• Discuss and debate the terms of the contract
• Make sure to document all decisions and compromises
• Negotiate until both sides are satisfied with the proposed outcome
• When an agreement is reached, move on to the next step of finalizing the agreement.

Finalizing an Agreement

• Ensure that both parties have agreed to the terms and conditions of the collective bargaining agreement.
• Make sure that the agreement is in writing and is signed by the parties.
• Ensure that all relevant parties are aware of the agreement and understand the implications of the agreement.
• Ensure that the agreement is legally binding and can be enforced by both parties.
• Make sure that the agreement is updated frequently to reflect changes in the collective bargaining relationship.

You’ll know that you’ve completed this step when you have a legally binding and enforceable collective bargaining agreement in place.

Legal Implications of Collective Bargaining

• Research the applicable labor laws in your state or country that govern collective bargaining.
• Look into the specific rules and regulations related to collective bargaining, such as wage and hour laws, anti-discrimination laws, safety laws, etc.
• Understand the legal implications of the agreement, such as the rights of the workers and the bargaining unit, the enforceability of the agreement, and any potential liabilities.
• Make sure that the agreement is compliant with all applicable labor laws and regulations.
• You will know you have completed this step when you have a thorough understanding of the legal implications of the collective bargaining agreement.

Laws Governing Collective Bargaining

• Research and review the applicable federal and state laws on collective bargaining
• Identify which laws apply to your workplace and jurisdiction
• Analyze the rights and obligations of employers and employees to ensure compliance with the applicable laws
• Become familiar with the laws governing collective bargaining in order to properly advise stakeholders
• Understand the processes for filing grievances and pursuing arbitration when necessary
• When you are confident that you have a thorough understanding of the applicable laws, you have completed this step and can move on to the next one.

Legal Rights of Unions

• Learn the legal rights and responsibilities of unions and employers under the National Labor Relations Act
• Research the permissible scope of bargaining topics, such as wages, hours, and working conditions
• Understand the rules governing the formation and operation of labor unions
• Become familiar with the legal limits of union power, such as the duty of fair representation
• Know about the laws that protect employees from unfair labor practices
• Be able to identify the difference between mandatory and permissive bargaining topics

You’ll know when you can check this off your list and move on to the next step when you have a good understanding of the legal rights and responsibilities of unions and employers, the permissible scope of bargaining topics, and the laws that protect employees from unfair labor practices.

Requirements for Collective Bargaining Agreements

• Understand the National Labor Relations Act (NLRA) and the basic requirements for collective bargaining agreements
• Become familiar with the rules and regulations that govern collective bargaining agreements in your area
• Learn about the topics that are traditionally covered in collective bargaining agreements, such as wages, hours, working conditions, and benefits
• Research the process of negotiation, including the roles of the parties, the negotiation strategies that can be used, and the process of reaching an agreement
• Know the steps to take when bargaining fails and how to handle impasse resolution
• Review sample collective bargaining agreements and familiarize yourself with the language used

Once you have a solid understanding of the NLRA, the rules and regulations of collective bargaining, the topics covered in an agreement, and the process of negotiation, you can check this step off your list and move on to the next step.

Benefits of Collective Bargaining

• Understand the benefits of collective bargaining for employers and employees.
• Learn why collective bargaining is beneficial for both parties.
• Explore the advantages of collective bargaining for job security, wages and working conditions.
• Discover the potential for increased wages and better working conditions through collective bargaining.

Once you can explain the benefits of collective bargaining for employers and employees, you can check off this step and move on to the next step.

Increased Job Security

• Research the ways collective bargaining can increase job security for employees, such as stronger contracts, job guarantees and reduced risk of layoffs.
• Familiarize yourself with the differences between collective bargaining agreements and standard employee contracts.
• Learn more about the legal implications of collective bargaining, such as the ability to challenge layoffs and other decisions in court.
• Understand the different types of job security that can be negotiated for, such as job protection if the company changes ownership or closes.
• When you feel confident that you understand how collective bargaining can increase job security for employees, you will know you can move on to the next step.

Improved Wages and Benefits

• Research the current wages and benefits offered to your employees
• Negotiate on behalf of your employees to get a better deal from the employer
• Agree on a new wage and benefit structure that meets the needs of both the employer and the employees
• Draft a contract detailing the agreed upon wages and benefits
• Get signatures from both the employer and the employees
• Once the contract is signed and finalized, you’ll know you’ve successfully completed this step and can move on to the next one.

Improved Working Conditions

• Identify areas in the workplace where improved conditions could benefit employees, such as better ventilation, ergonomic seating, or updated equipment.
• Negotiate with the employer to make improvements in these areas while staying within the budget.
• Monitor the progress of the changes to make sure they are completed in a timely manner.
• Once the improvements have been made and the employees are satisfied, move on to the next step of improving employee-employer relations.

Improved Employee-Employer Relations

• Develop a collective bargaining agreement that outlines both employees’ and employers’ rights and expectations
• Ensure that both sides are given the opportunity to voice their concerns, ideas, and expectations
• Work together to find a compromise that benefits both sides
• Ensure that both sides agree to terms that are fair and do not put either party at a disadvantage
• Communicate regularly and maintain an open dialogue between both sides
• Establish trust through an effective and consistent dispute resolution process
• Have an impartial mediator available to help facilitate negotiations if necessary

You will know you have achieved this when you have a collective bargaining agreement that outlines the rights and expectations of employees and employers, and both sides have agreed to terms that are fair and beneficial.

Challenges of Collective Bargaining

• Identify the various challenges when it comes to collective bargaining
• Explore the various cultural, legal, financial, and organizational considerations that need to be taken into account
• Analyze the potential impacts of collective bargaining on employees and employers
• Understand the importance of building trust between both parties
• Research the potential risks and rewards associated with collective bargaining
• When you have a clear understanding of the potential challenges of collective bargaining, you can move on to the next step.

Cost of Negotiations

• Assess the financial impact of collective bargaining negotiations to determine the necessary resources and budget
• Consider the cost of legal support, administrative support, and any other necessary personnel
• Take into account the total cost of bargaining, such as the financial burden of any potential strike or lockout
• When you have the total costs of bargaining determined, you can move on to the next step of understanding the time commitment.

Time Commitment

• Understand the timeline for negotiation: how long you expect each session to last, how often you’ll meet, and when the collective bargaining agreement will be finalized
• Estimate the amount of time that each party will need to prepare for negotiation sessions, read through the agreement, and make decisions
• Take into account the amount of time needed to resolve any potential impasses or disputes throughout the process
• Factor in any additional time needed for mediation or other dispute resolution services, if necessary
• Once you have a clear timeline and all parties agree on the timeline, you can check this step off your list and move on to the next step.

Risk of Strike or Lockout

• Understand the legal implications of a strike or lockout, such as the possibility of fines, legal action, or other repercussions
• Review the collective agreement to understand the parties’ rights and obligations in the event of a strike or lockout
• Research any relevant legislation and regulations that may apply to a strike or lockout
• Ensure all parties are aware of the risks associated with a strike or lockout
• Check off this step when all parties understand the risks associated with a strike or lockout and have the necessary information to make an informed decision.

Scope of Negotiations

• Identify what issues will be negotiated during collective bargaining
• Determine the scope of collective bargaining negotiations, focusing on issues that can be realistically addressed and agreed upon
• Divide issues into those that are mandatory and non-mandatory, such as wages, hours, and other terms and conditions of employment
• Consider the needs and wants of all involved parties, and how they may be impacted by the collective bargaining agreements
• Reach a consensus on the scope of collective bargaining negotiations, with a focus on the issues that are most important to the parties

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

• When you have identified the scope of negotiations and agreed upon the issues to be discussed
• When all parties have agreed upon the scope of negotiations and are ready to move forward with the collective bargaining process

Strategies for Successful Collective Bargaining

• Identify key issues and prioritize them
• Establish a timeline of when objectives should be addressed
• Research other collective bargaining agreements and terms
• Create a team of negotiators who understand the interests of all parties
• Assign roles and responsibilities to negotiators
• Engage in open and honest dialogue
• Prepare for potential obstacles and consider possible solutions
• Agree upon a process for resolving disagreements
• Create a plan for securing the agreement
• Sign and ratify the agreement

When you can check this off your list:

• When all objectives have been identified and prioritized
• When the team of negotiators has been established
• When roles and responsibilities have been assigned
• When a timeline has been created
• When a plan for securing the agreement has been finalized
• When the agreement has been signed and ratified.

Establish Goals

• Identify the goals of the collective bargaining agreement
• Make sure that the goals are realistic, achievable and beneficial for both parties
• Establish the timeline for the agreement and any deadlines that should be met
• Communicate the goals to the other party to ensure that they are on the same page
• When both parties have agreed on the goals, objectives and timeline, move on to the next step.

Research and Prepare

• Learn about the collective bargaining process and the basics of union contracts
• Research the current union contracts for the industry or any relevant unions
• Review existing contracts and recent bargaining sessions to identify potential issues and strategies
• Gather data on the company’s current financial situation, production levels, and employee satisfaction
• Research and discuss proposed changes with the bargaining team
• Create a bargaining plan and timeline
• When you have a thorough understanding of the collective bargaining process, have completed your research and have a bargaining plan ready, you will be able to move on to the next step of developing a negotiation strategy.

Develop a Negotiation Strategy

• Identify your key objectives in the negotiations
• Prioritize your objectives so you know which ones to focus on first
• Consider potential strategies for how to achieve your objectives
• Consider potential tactics for how to achieve your objectives
• Develop a timeline for the negotiation process
• Determine your negotiation team and assign roles to each team member
• When you have developed a clear strategy for how to approach negotiations and have identified the steps and timeline required to reach your objectives, you can check this off your list and move on to the next step.

Create a Support System

• Identify your team of negotiators and create a timeline of when they will be involved in the process.
• Develop a clear chain of command and identify who will be the primary negotiator.
• Create a list of people who will support the team both internally (within the organization) and externally (outside consultants).
• Establish a communication process between all parties involved in the negotiation.
• When you have identified the team, created a timeline, and established a communication process, you can move on to the next step.

Stay Focused

• Make sure to stay focused on the goals of the collective bargaining process during negotiations
• Set aside any personal differences or grievances and remain focused on the collective bargaining goals
• Prioritize the interests of the collective over individual interests
• Do not get sidetracked by unimportant matters or unnecessary details
• Re-evaluate your goals regularly to ensure you are staying focused
• Once you have achieved the goals of the collective bargaining process, you can move on to the next step.

Be Flexible

• Remain open-minded and consider different perspectives
• Be willing to compromise as needed
• Be willing to consider alternative solutions
• Maintain a positive attitude
• Know when to agree to disagree
• Understand that collective bargaining is a process of give and take

You’ll know you can move on to the next step when you can come to a mutually beneficial agreement that meets the needs of all parties involved.

Strategies for Managing Conflict During Collective Bargaining

• Listen to both sides and allow each party to express their concerns
• Look for common ground and areas of agreement
• Focus on interests, not positions
• Consider the long-term consequences of any decision
• Be open to compromise and creative solutions
• Be patient and avoid escalating the conflict

You’ll know you can check off this step when you have identified potential solutions to the conflict and each party has expressed their understanding of the other’s interests.

Identify the Root Cause of the Conflict

• Take the time to understand all sides of the collective bargaining conflict and identify the roots of the conflict, such as conflicting objectives, expectations, or interests
• Analyze both parties’ positions and interests to determine the underlying issues causing the conflict
• Ask questions to make sure all details of the conflict are understood
• Consider any personal, political, or economic factors that could be contributing to the conflict
• You are finished when you have identified the root cause of the conflict and have a clear understanding of the points of contention between the two parties.

Listen to All Parties Involved

• Listen to both parties involved in the collective bargaining process.
• Ask questions to ensure you get a complete picture of the issues.
• Take notes on the different perspectives each side is bringing to the dialogue.
• Document the conversations and keep track of any agreements or disagreements between the parties.

You will know you can move on to the next step when you have a clear understanding of the different perspectives each side is bringing to the collective bargaining process.

Find Common Ground

• Take the time to listen to all parties involved.
• Make sure all points of view are heard and respected.
• Ask each party to identify any common ground or areas of agreement.
• Ask open-ended questions to gain a better understanding of each other’s position.
• Encourage each side to brainstorm and explore potential areas of agreement.
• Consider any potential compromises that could be reached by both sides.

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

• When all parties are aware of potential common ground and areas of agreement.
• When you have identified potential compromises that could be reached by both sides.

Develop a Plan to Address the Conflict

• Develop a plan of action to resolve the conflict, taking into account the interests of both the employer and the union.
• Identify the interests of the employer and the union, and the potential solutions to address them.
• Consider the different paths to resolution, including mediation, arbitration, and/or collective bargaining.
• Identify any potential risks associated with the proposed solutions.
• Develop strategies to mitigate those risks.
• When complete, this plan should be shared with both the employer and the union for review.

You will know when you can check this off your list and move on to the next step when the plan of action to resolve the conflict has been developed, taking into account the interests of both the employer and the union and any potential risks associated with proposed solutions have been identified and strategies to mitigate those risks have been developed.

Openly Communicate

• Arrange and hold a meeting between the employer and the bargaining unit to discuss issues and potential solutions
• Make sure topics on the agenda are relevant to the collective bargaining process and do not involve any unrelated matters
• Encourage all parties to speak openly and respectfully without interrupting each other
• Make sure all parties understand the importance of open communication and how it is beneficial to finding a mutually beneficial solution
• Once all parties have had the opportunity to express their views and opinions, make sure to document the discussion and any agreements for future reference
• Once all parties have communicated openly, you will have successfully completed the step of Openly Communicating and can now move on to the next step.

Conclusion

• Summarize the outcomes of the collective bargaining process, including any agreements or disagreements.
• Document the collective bargaining process, including any agreements, for future reference.
• Review any changes to the collective bargaining agreement, and ensure that all parties involved have a clear understanding of any new terms and conditions.
• Make sure to address any outstanding issues from the collective bargaining process, and ensure that all parties are in agreement on the final outcome.
• Check off this step when you have a clear understanding of the outcomes of the collective bargaining process and all issues have been addressed.

FAQ

Example dispute

Lawsuits Involving Collective Bargaining:

• A plaintiff may bring a lawsuit referencing collective bargaining if they believe that their rights were violated or they were harmed in some way as a result of the collective bargaining agreement.
• The lawsuit may allege that the collective bargaining agreement was not adhered to, or that the agreement was not properly negotiated or enforced.
• The plaintiff must be able to demonstrate that they were impacted by the collective bargaining agreement in some way, such as in terms of wages, benefits, or other terms and conditions of employment.
• The plaintiff may also be able to demonstrate that the collective bargaining agreement was not in the best interests of the employees, or that it was not properly negotiated or enforced.
• The plaintiff could also raise a lawsuit if they believe that the collective bargaining agreement was used to deny them certain rights or benefits, or if the employer did not provide the necessary information or resources needed to understand the collective bargaining agreement.
• If the plaintiff is able to demonstrate that their rights have been violated or that they have suffered harm due to the collective bargaining agreement, then they may be able to win their case.
• The plaintiff may be able to seek damages, such as compensation for lost wages or benefits, or any other costs associated with the violation of their rights.
• The court may also be able to order the employer to make changes to the collective bargaining agreement in order to ensure that the employees’ rights are protected.

Templates available (free to use)

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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