Define: Concession Bargaining

Concession bargaining refers to a negotiation process in which one party, typically the employer, seeks concessions or compromises from the other party, usually the employees or their representatives, in order to address financial or operational challenges.

Common concessions requested during concession bargaining may include wage freezes or reductions, reduced benefits, changes to work schedules, increased employee contributions to healthcare or retirement plans, or layoffs.

In most cases, employers are required to engage in good faith bargaining with the employees or their representatives before implementing any concessions. However, there may be exceptions depending on the specific labor laws and collective bargaining agreements in place.

If the parties cannot reach an agreement during concession bargaining, they may resort to alternative dispute resolution methods such as mediation or arbitration. In some cases, the employer may have the right to implement their proposed concessions if they have fulfilled their bargaining obligations.

Employees are generally protected by labor laws and collective bargaining agreements that require employers to negotiate in good faith and consider the interests of the employees. However, the specific protections may vary depending on the jurisdiction and the applicable labor laws.

Using concession bargaining as a strategy to break a union is generally considered an unfair labor practice. Employers are required to negotiate in good faith and cannot engage in tactics that undermine the employees’ right to organize and collectively bargain.

In most cases, employers cannot force employees to accept concessions. Concession bargaining typically involves a negotiation process where both parties must agree to the proposed concessions. However, there may be circumstances where an employer has the right to implement concessions if they have fulfilled their bargaining obligations.

Employees may choose to go on strike during concession bargaining if they believe that their rights are being violated or if they are dissatisfied with the proposed concessions. However, the legality and conditions for striking may vary depending on the jurisdiction and the applicable labor laws.

Retaliating against employees who refuse to accept concessions is generally considered an unfair labor practice. Employers are prohibited from taking adverse actions, such as termination or demotion, against employees for exercising their rights to engage in collective bargaining or refusing to accept concessions.

The duration of concession bargaining can vary widely depending on the complexity of the issues, the willingness of the parties to compromise, and the external factors influencing the negotiation process. It can range from a few weeks to several months or even longer in some cases.