| Many elements contribute to success in collective bargaining negotiations.
Often much more is involved than the strictly economic issues of wages and benefits. Other contract provisions can have far-reaching operational and financial implications.
Thus, careful preparation of contract proposals for
union negotiations is essential, as is careful review of and appropriate response to union proposals.
The possibility of a strike is always present during negotiations, because
it is the primary source of the union's bargaining power. Employers must carefully assess the
likely impact of a strike, and prepare thoroughly
for it, to minimize its impact on the business, and thus minimize the union's leverage.
Further complicating collective bargaining is the
requirement that employer conduct throughout union
negotiations conform to the duty to bargain in good faith.
Over the years, through countless National Labor Relations Board ("NLRB") and court decisions, this seemingly vague and general duty has come to have very specific meaning.
Sometimes it can be violated by conduct during union
negotiations that was actually undertaken in good faith,
if the conduct violates established principles of good faith bargaining.
Careful planning and conduct of
negotiations and experienced labor relations advice
can be of great value in obtaining the best possible
outcome from collective bargaining negotiations
while complying with the duty to bargain in good
faith.
The attorneys of Harris Dowell Fisher & Harris, L.C. have many years of experience in all aspects of the collective bargaining process and have bargained with numerous unions
in a wide variety of industries.
We frequently assist clients in preparing and planning for
collective bargaining and possible union action. We also directly represent clients at
collective bargaining sessions, and if necessary help them respond to union action.
Contact us to discuss how
we may best assist you in this regard.
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