Determine If a Term or Condition of Employment Is Subject to Collective Bargaining
When to Use This Flowchart
Use the Determine If a Term or Condition of Employment Is Subject to Collective Bargaining flowchart to determine whether a term or condition of employment must be bargained over with a union. An employer whose employees are represented by a union has an obligation under the National Labor Relations Act to bargain in good faith over the terms and conditions of employment. The issue of whether a particular term or condition of employment must be bargained arises when:
- An employer and a union are bargaining an initial contract;
- An expiring collective bargaining agreement is being renegotiated; and
- A change to a term or condition of employment is proposed during the life of a contract.
This flowchart walks an employer through the process of evaluating whether a term or condition of employment is subject to collective bargaining.
Key Steps
- Review the collective bargaining agreement.
- Is the term or condition a prohibited subject of bargaining?
- Is the term or condition a mandatory subject of bargaining?
- Is the term or condition a permissive subject of bargaining?