The negotiation process may ultimately result in an outcome than mutual agreement: (1) Mediation. Seek the help of a third party to mediate a settlement between the parties. (2) Impasse. The employer can unilaterally implement its final bargaining proposal but an employer should use this option only after careful consideration and with legal counsel. See a Bargaining Impasse. Dealing with (3) Public Campaigns. Implement a public relations campaign to pressure the side, but note that NLRB decisional law imposes certain constraints. For example, the employer should avoid making statements in the media that could be argued to be attempts to circumvent a union or falsely place blame on it for bargaining disagreements, because such statements are sometimes considered evidence of bad faith bargaining. See, e.g., . Compare , enf’d, . (4) Strike. If the existing contract includes a no-strike clause, the union can strike as soon as the contract expires. (5) Lockout. An employer may consider preventing employees from working to pressure bargaining unit members, particularly if it anticipates a strike. (6) Extension. The parties may agree to a short-term or long- term extension to allow more time for negotiations or simply to push the issues out in time. Finalizing the Agreement Once the parties reach an agreement, they generally take several steps to formalize it: (1) Prepare the formal collective bargaining agreement document. The parties generally agree one side will draft the agreement. (2) Ratify the collective bargaining agreement. Generally, the union’s constitution and by-laws determine the rules for employee ratification of the agreement. In some circumstances, a non-ratification vote may be tied to an authorization for strike action or union authorization to accept an agreement without ratification. (3) Execute the collective bargaining agreement. The parties’ duty to bargain in good faith generally is interpreted to include the obligation to execute a written collective bargaining agreement after agreement to terms. Administer the Agreement (1) Train personnel. Train the managerial employees and supervisors responsible for implementing the collective bargaining agreement to familiarize them with the new contract provisions and advise them of their responsibilities under the agreement. (2) Update policy documents. Revise employer policy documents as necessary to conform to the new agreement. End of Document
The negotiation process may ultimately result in an outcome than mutual agreement: (1) Mediation. Seek the help of a third party to mediate a settlement between the parties. (2) Impasse. The employer can unilaterally implement its final bargaining proposal but an employer should use this option only after careful consideration and with legal counsel. See Dealing with a Bargaining Impasse. (3) Public Campaigns. Implement a public relations campaign to pressure the side, but note that NLRB decisional law imposes certain constraints. For example, the employer should avoid making statements in the media that could be argued to be attempts to circumvent a union or falsely place blame on it for bargaining disagreements, because such statements are sometimes considered evidence of bad faith bargaining. See, e.g., . Compare , enf’d, . (4) Strike. If the existing contract includes a no-strike clause, the union can strike as soon as the contract expires. (5) Lockout. An employer may consider preventing employees from working to pressure bargaining unit members, particularly if it anticipates a strike. (6) Extension. The parties may agree to a short-term or long- term extension to allow more time for negotiations or simply to push the issues out in time. Finalizing the Agreement Once the parties reach an agreement, they generally take several steps to formalize it: (1) Prepare the formal collective bargaining agreement document. The parties generally agree one side will draft the agreement. (2) Ratify the collective bargaining agreement. Generally, the union’s constitution and by-laws determine the rules for employee ratification of the agreement. In some circumstances, a non-ratification vote may be tied to an authorization for strike action or union authorization to accept an agreement without ratification. (3) Execute the collective bargaining agreement. The parties’ duty to bargain in good faith generally is interpreted to include the obligation to execute a written collective bargaining agreement after agreement to terms. Administer the Agreement (1) Train personnel. Train the managerial employees and supervisors responsible for implementing the collective bargaining agreement to familiarize them with the new contract provisions and advise them of their responsibilities under the agreement. (2) Update policy documents. Revise employer policy documents as necessary to conform to the new agreement. End of Document
Collective%20Bargaining%20Process%20Checklist%20(Employer).docx