What are Mandatory, Permissive, and Illegal Subjects of Bargaining?

Employers are pleasantly surprised when I tell them that bargaining for a collective bargaining agreement does not mean that every part of running their business must be negotiated. I then explain what a management rights clause is – a blog entry for a later day – and the difference between mandatory, permissive, and illegal subjects of bargaining.…
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Details of UPS-Teamsters Labor Negotiations Emerge

The surge in on-line shopping necessitates an increase in demand of packaged deliveries.  This is front and center in the UPS-Teamsters Labor negotiations.  It appears that the two sides have reached a tentative agreement to create a category of drivers to handle weekend shifts. This deal calls for the company to review technological changes like the deployment of…
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UAW, Ford, GM, FCA Legal Services Plan Takes Effect

The UAW successfully negotiated into collective bargaining agreements with Ford, GM, and FCA (Fiat Chrysler) a Legal Services Plan that commences today. According to a press release: “I am pleased to announce that UAW members will be able to participate in this benefit starting next Wednesday, and I would like to commend vice presidents Jimmy…
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A Union’s Waiver of Bargaining Rights Must be Clear and Unmistakable

A union and hospital had a somewhat standard management rights clause in their collective bargaining agreement. That clause provided that the employer “retains the sole right to manage and direct” unit employees, to determine the “nature and extent of services provided,” and to “assign and delegate work.” The contract also had a specific provision that…
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Fox Television Stations Took a Round About but Effective Way to Reach Impasse

Fox Television Stations sought a wage reduction and other concessions from the Communications Workers of America during recent labor negotiations. When no agreement was reached by an agreed-upon deadline, Fox lawfully implemented an older contract offer much to chagrin of the CWA. Fox and the Union had been negotiating a successor agreement for two years…
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UAW Likely to Focus on Big Three Negotiations Before Continuing to Organize Southern Auto Manufacturers

The United Autoworkers Union will likely not seek another NLRB election in the South until after renegotiating the 2015 contracts for the Big Three automakers in Detroit. After those negotiations end, UAW will probably be in a better position to have unorganized southern autoworkers buy what the union is selling. The success of the UAW…
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