The Law of Collective Bargaining in Context

THE LAW OF COLLECTIVE BARGAINING IN CONTEXT

By Miller Cohen

http://www.millercohen.com/CM/ArticlesAndCases/CollectiveBargaining.asp

Introduction:

It is not possible to make anyone an expert in the law of collective bargaining in one hour. I think it is more useful to put the law in context and not treat it as an abstraction. I thought that I would try and follow the ordinary course of collective bargaining and discuss the problems that come up which have legal significance. This may be more useful than a theoretical introduction to the law.

Collective Bargaining - the Steps.

1. Ground Rules

Bargaining often starts with agreement on ground rules. These rules typically provide for the extension of the agreement subject to termination on notice, the maintenance of confidentiality with reference to the negotiations, the order of bargaining, i.e. non-economic issues first and economic issues last.

The ground rules can create problems depending on what happens. Publicity is an important weapon in the hands of a public employee union that cannot, except under the most extreme circumstances, strike. If negotiations break down, the union might want to take the matter public. Can it do so if it agreed to maintain confidentiality in the ground rules?

Ordinarily, a union wants to get rid of non-economic issues before economic issues in order to keep its membership united. Members may lose interest in language issues in the contract which actually may be more important than wage increases. In order to prevent the employer from stampeding the unit with a wage increase in order to short circuit non-economic issues, this order of bargaining can be important. But what happens when the employer makes non-economic proposals and the union wants to find out what the employer is willing to pay for the concessions in language? Can the union then demand to get an economic proposal in order to evaluate a non-economic proposal?

A. Go Public Not a Violation of the Duty to Bargain...