legal issues in collective bargaining presented by matt harris, cwa attorney january 13 & 19,...

Legal Issues in Legal Issues in Collective BargainingCollective Bargaining

Presented by Matt Harris, Presented by Matt Harris,

CWA AttorneyCWA Attorney

January 13 & 19, 2011January 13 & 19, 2011

Assumptions Assumptions

Not an Initial ContractNot an Initial Contract

The NLRA has Jurisdiction over the The NLRA has Jurisdiction over the EmployerEmployer

This is a Very Condensed This is a Very Condensed PresentationPresentation

What is Collective Bargaining?What is Collective Bargaining?

Initiating the Process Initiating the Process

Duty to Notify the Employer of the Duty to Notify the Employer of the Intent to BargainIntent to Bargain

1.1. Under the LawUnder the Law

2.2. The Existing Contract’s The Existing Contract’s Reopener LanguageReopener Language

3.3. Elements for a Proper Elements for a Proper Reopener LetterReopener Letter

Initiating the Process, cont.Initiating the Process, cont.

What are Reasonable Times and What are Reasonable Times and Locations to Bargain? Locations to Bargain?


Information RequestsInformation Requests

1.1. What Information is the Union What Information is the Union Entitled to See?Entitled to See?

2.2. When Should the Requests be When Should the Requests be Made?Made?


Drafting Union ProposalsDrafting Union Proposals

1.1. Avoid Legalese—Use Clear, Plain Avoid Legalese—Use Clear, Plain LanguageLanguage

2.2. Define Terms of Art in the ContractDefine Terms of Art in the Contract

3.3. Avoid AmbiguityAvoid Ambiguity


Mobilization RightsMobilization Rights

1.1. Showing Unity is Legally Protected, Showing Unity is Legally Protected, Concerted Activity (ex: wearing red Concerted Activity (ex: wearing red shirts on Thursdays)shirts on Thursdays)

2.2. Review Restrictions in the Existing Review Restrictions in the Existing Contract that May Limit Certain Contract that May Limit Certain ActivitiesActivities


Pre-Strike Authorization VotesPre-Strike Authorization Votes

1.1. Make Sure Employees are Aware of the Make Sure Employees are Aware of the Ramifications of a Strike AuthorizationRamifications of a Strike Authorization

2.2. Vote May Trigger a Reciprocal Threat of Vote May Trigger a Reciprocal Threat of a Lockouta Lockout

3.3. 60-day Notice is Required for Either a 60-day Notice is Required for Either a Strike or a Lockout (for non-ULP strikes)Strike or a Lockout (for non-ULP strikes)

Table TacticsTable Tactics Importance of Setting Ground Rules Importance of Setting Ground Rules

Subjects of BargainingSubjects of Bargaining

1.1. MandatoryMandatory

2.2. PermissivePermissive

Exchanging Proposals/Counter-Exchanging Proposals/Counter-ProposalsProposals

1.1. What is Legally Binding?What is Legally Binding?

2.2. The Significance of Rejected OffersThe Significance of Rejected Offers

Table Tactics, cont.Table Tactics, cont.

How Sidebars or Caucuses Can be How Sidebars or Caucuses Can be Useful Useful

The Importance of Accurate Note The Importance of Accurate Note Taking Taking

Keeping an Open Mind Keeping an Open Mind

End of NegotiationsEnd of Negotiations

Review and Proofread Agreed Upon Review and Proofread Agreed Upon LanguageLanguage

Determine the Ratification Determine the Ratification Process/Signing DateProcess/Signing Date

The Unscrupulous EmployerThe Unscrupulous Employer

Failure to Bargaining in Good FaithFailure to Bargaining in Good Faith

The Effects of Bargaining to ImpasseThe Effects of Bargaining to Impasse

Other Unfair Labor PracticesOther Unfair Labor Practices

The Unscrupulous Employer, cont.The Unscrupulous Employer, cont.

Unfair Labor Practice ChargesUnfair Labor Practice Charges

1.1. When to File an Unfair Labor When to File an Unfair Labor Practice ChargePractice Charge

2.2. Disadvantages to Filing a Disadvantages to Filing a ChargeCharge

Actions to Take When the Employer’s Actions to Take When the Employer’s Chief Negotiator is a LawyerChief Negotiator is a Lawyer

Questions & AnswersQuestions & Answers

legal issues in collective bargaining presented by matt harris, cwa attorney january 13 & 19,...

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