Thankfully employers are not required to negotiate until they collapse on the treadmill of collective bargaining. When irreconcilable differences exist between the union and the company – after full, good faith negotiations – the law recognizes that an impasse has been reached. The National Labor Relations Board has defined impasse “as the point in time…

Surface bargaining is when an employer engages in bargaining that is insincere, usually with the intent to not reach agreement with the union and thus not enter into a new collective bargaining agreement. Consider surface bargaining as sort of going through the motions. Surface bargaining is a form of bad faith bargaining. The National Labor…

Each side has the duty to bargaining in good faith during union negotiations. Oftentimes, though unfair labor practice charges are levied against employers alleging a violation of this duty. Given the current make-up of the National Labor Relations Board, proving a violation of the duty to bargaining in good faith is very easy. The duty…

No Solicitation / No Distribution Policies are enacted by companies to stop union organizers from soliciting employees to join or form a union – or distribute similar messages – during working time and in working areas. These policies must prohibit all types of solicitation and distribution, though, not just union organizing. The famous example of…

Yesterday we looked how precise language in a collective bargaining agreement forced a company to arbitrate a claim even though the employees had decertified the union. Today we look at how successorship language in a union contract prohibited a company from selling its equipment during tough financial times. Team Carriers is a trucking company whose…

Every single word in a collective bargaining agreement is important. Most words in a union contract have legal ramifications. This case highlights the importance of knowing the potential effect of each word before agreeing to include it in your company’s contract. A hospital terminated employee Gwynn Pirnie after receiving a complaint that she did not…