What Does Your Union Contract Say About Post-Expiration Remedies?

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…
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Renegotiating Collective Bargaining Agreements

While planning for renegotiating an expiring collective bargaining agreement should commence many months before the contract expires, the actual face-to-face bargaining usually begins about two months before the contract terminates. Renegotiations are sometimes a smoother process than negotiating the first contract because the parties are familiar with each other and their goals. However, if the…
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What are Gissel Bargaining Orders?

When employers commit unfair labor practices that disrupt pre-election conditions to the point where the National Labor Relations Board determines a free and fair election could not be held, an parties are ordered to bypass a secret ballot election and to immediately begin negotiating a first collective bargaining agreement. There are no automatic rules in…
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Negotiating a Union Contract – Day One

You just finished a hard fought union campaign, lost, and now have to bargain with the union for a collective bargaining agreement. The next step in the process is the first day of contract bargaining with the union who now represents your employees. The election featured a lot of mudslinging and uncomfortable situations and you…
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The Difference Between Unable to Pay and Unwilling to Pay

As appearing in the Human Resources Association of Central Ohio (HRACO) newsletter The Difference Between an Unwillingness to Pay and an Inability to Pay is Enormous A company’s financial health is generally confidential information that is not known to the rank and file workforce or the union that represents them. Yet, there is a little…
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Key Provisions of Collective Bargaining Agreements (Part 3)

  This is the final installment of the three part series of what I consider some of the most important parts of a collective bargaining agreement. Part I covered the recognition, management rights, and dues check off clauses. Part 2 covered the no strike / no lock out clause, as well as the sympathy strike clause.  This last part…
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