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Publications Fundamentals of Labor Law Regarding Unions Samples THE DUTY TO BARGAIN BY AN EMPLOYER AND A UNION The duty to bargain under the NLRB is a two-way street. An employer is obligated to bargain in good faith with a union representing a majority of the employees in an appropriate unit. And a majority union is obligated to bargain in good faith with the employer. But neither is required "to agree to a proposal" made by the other or to make "a concession." At the end of negotiations, a union cannot force an employer to accept its contract or any of its proposals. SUBJECTS FOR BARGAINING The Act specifies that an employer and a union must bargain in good faith concerning wages, hours, and other terms and conditions of employment. The NLRB has recognized three categories of bargaining proposals and has established three sets of rules for them. They are: Illegal Subjects - These are the demands that would be illegal and forbidden under the Act, such as a proposal for a closed shop. Bargaining on these subjects may not be required, and they may not be included in the contract even if the other party agrees. Voluntary Subjects - These are the topics that fall outside the mandatory category of "wages, hours, and other conditions of employment." They may be placed on the bargaining table for voluntary bargaining and agreement. The other party, however, may not be required either to bargain on them or to agree to their inclusion in a contract. Insistence on them as a condition to the execution of a contract will be a violation of the bargaining duty. The following, however, have been placed in this category: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 |
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