{"id":3381,"date":"2022-12-06T06:00:00","date_gmt":"2022-12-06T06:00:00","guid":{"rendered":"https:\/\/uniontrack.com\/blog\/?p=3381"},"modified":"2023-01-12T21:24:32","modified_gmt":"2023-01-12T21:24:32","slug":"understand-collective-bargaining","status":"publish","type":"post","link":"https:\/\/uniontrack.com\/blog\/understand-collective-bargaining","title":{"rendered":"After the Win: What Happens in Collective Bargaining?"},"content":{"rendered":"\n

Ken Green
CEO & Founder
UnionTrack<\/a><\/p>\n\n\n\n

After a union election victory, the most important step in the unionization process is contract negotiations. It\u2019s why the union was formed in the first place and the key selling point for why workers should sign up as dues-paying union members. <\/p>\n\n\n\n

\u201cUnions continue to fight for the intrinsic rights of working people and restore the balance of economic power in our country through collective bargaining agreements,\u201d explains the AFL-CIO<\/a>.<\/p>\n\n\n\n

But not everyone clearly understands what collective bargaining is and why it is so important. Union leaders and organizers must take extra time to explain the nuances of contract negotiations and the critical role members play in collective bargaining. <\/p>\n\n\n\n

Make Sure Everyone Understands Collective Bargaining<\/h2>\n\n\n\n

Union leaders cannot overemphasize the benefits to workers of having a union represent their interests at the bargaining table. <\/p>\n\n\n\n

Many workers ask why they can\u2019t negotiate directly with their employers. The answer is that they can, but they won\u2019t be as effective individually as if they negotiate as part of a collective. Quite simply, there is strength in numbers. <\/p>\n\n\n\n

\u201cBecause the individual worker typically lacks meaningful bargaining power to negotiate favorable employment terms, designating a representative to negotiate on behalf of a large group of workers can level the playing field between labor and management and give workers a meaningful seat at the bargaining table,\u201d writes the American Civil Liberties Union<\/a>.<\/p>\n\n\n\n

What\u2019s also important for union organizers to emphasize when explaining collective bargaining is that the union negotiators are there to protect the interests of the workers and ensure all issues important to workers are addressed. That includes compensation, benefits, working conditions, promotions, and schedules. <\/p>\n\n\n\n

\u201cItems up for discussion during negotiations are anything you want to address in your workplace,\u201d notes the United Food and Commercial Workers International Union<\/a>. And unions have the experience and resources needed to secure favorable terms on all of these issues \u2014 and more \u2014 for workers. <\/p>\n\n\n\n

It\u2019s up to organizers to help workers in newly unionized workplaces understand the value of collective bargaining and how unions use the process to improve working conditions for members. <\/p>\n\n\n\n

Explain How the Negotiation Process Works<\/h3>\n\n\n\n

On the surface, collective bargaining may seem simple \u2014 negotiating committees from the company and the union meet to discuss workplace issues. While that\u2019s the essence of the process, in reality, it\u2019s a bit more complicated because there\u2019s no law guaranteeing that those discussions result in a collective bargaining agreement.<\/p>\n\n\n\n

The National Labor Relations Act (NLRA)<\/a> dictates that both sides negotiate in \u201cgood faith.\u201d Bargaining in good faith means both sides agree to meet at reasonable times and make an honest effort to discuss workplace issues, says Michael Mauer<\/a>, senior labor advisor to the American Association of University Professors\u2019 Collective Bargaining Congress. It does not mean they have to reach agreement on a final contract. <\/p>\n\n\n\n

And that\u2019s the motivator behind employers\u2019 stall tactics at this stage of the unionization process. As long as it looks like they are bargaining in good faith, they can drag out negotiations so long that workers lose heart and decide to dissolve the union. <\/p>\n\n\n\n

It\u2019s imperative, then, that workers truly understand the collective bargaining process. When they do, there\u2019s a better chance they\u2019ll support the union and engage in the process no matter how long it takes to reach a first contract. <\/p>\n\n\n\n

Explain Workers\u2019 Rights Throughout the Process<\/h3>\n\n\n\n

Workers also need to understand they aren\u2019t at the mercy of employers during collective bargaining. Section 8(a)(5) of the NLRA<\/a> \u201cmakes it an unfair labor practice for an employer \u2018to refuse to bargain collectively with the representatives of its employees.\u2019\u201d Workers can file grievances with the Board if their employer does not bargain in good faith. <\/p>\n\n\n\n

Actions that could be indicators of bad faith bargaining, as outlined by the United Steelworkers<\/a> union, include:<\/p>\n\n\n\n