Good-faith bargaining occurs when an employer engages in discussions with a group of employees, typically represented by a union, with the intention of reaching an agreement. Both parties are expected to approach these negotiations with fairness and open-mindedness. It is a legal requirement, and any failure to act in good faith is deemed unfair. Examples of such behaviour include impeding employee rights or refusing to participate in bargaining.
Good-faith bargaining is a crucial aspect of labor law, involving negotiations between an employer and employee representative, typically a union, to reach an agreement. Both parties are required to meet and discuss matters at reasonable times, with an open mindset and a willingness to find common ground. The National Labor Relations Act mandates good-faith bargaining, and failure to comply is considered an unfair labor practice. Unfair labor practices encompass any actions prohibited by state or federal laws that govern the relationships between employers, employees, and labor organisations. Examples of unfair labor practices by employers include interfering with employees’ protected rights, such as their right to self-organisation, discriminating against employees involved in union activities, retaliating against employees who exercise their rights, and refusing to engage in collective bargaining. On the other hand, unfair labor practices by labor organisations include causing an employer to discriminate against an employee, participating in illegal strikes or boycotts, causing an employer to pay for work that is not performed (known as featherbedding), and refusing to engage in collective bargaining. These examples highlight how both employers and labor organisations can engage in unfair labor practices that violate employee rights and impede the bargaining process.
Good-faith bargaining refers to the legal obligation of parties involved in collective bargaining to negotiate in a sincere and honest manner, with the intention of reaching a mutually acceptable agreement.
The key principles of good-faith bargaining include the duty to meet and negotiate at reasonable times, the obligation to provide relevant information, the requirement to consider and respond to proposals, and the commitment to refrain from unfair labor practices.
No, employers are legally obligated to engage in good-faith bargaining when dealing with employee representatives or unions. Refusing to bargain in good faith can lead to legal consequences and unfair labor practice charges.
Unions are also legally obligated to engage in good-faith bargaining. Failing to do so can result in legal consequences and unfair labor practice charges against the union.
If one party believes the other is not bargaining in good faith, they can file a complaint with the appropriate labor relations board or agency. The board will investigate the allegations and may take action if it determines that a party has violated their duty to bargain in good faith.
Generally, an employer cannot unilaterally change the terms and conditions of employment without first engaging in good-faith bargaining with the employee representatives or union. However, there may be certain circumstances where changes can be made without bargaining, such as emergencies or when the existing agreement allows for such changes.
No, employers have a duty to provide relevant information that is necessary for the bargaining process. Refusing to provide information can be considered a violation of the duty to bargain in good faith.
While parties are expected to negotiate in a respectful and cooperative manner, there is no specific requirement for bargaining to be conducted in a particular style. However, tactics that involve bad faith, coercion, or unfair labor practices are not considered acceptable and can lead to legal consequences.
Employers are generally required to bargain over mandatory subjects of bargaining, such as wages, hours, and working conditions. However, there may be certain topics that are not mandatory subjects and can be excluded from bargaining, such as management rights or certain aspects of company policies.
If a party is found to have violated the duty to bargain in good faith, remedies can include ordering the party to engage in good-faith bargaining, awarding monetary damages, or imposing other appropriate penalties. The specific remedies will depend on the circumstances and the laws of the jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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