COLLECTIVE BARGAINING
Collective bargaining is a negotiation between a union and an employer to decide wages, schedules, and other terms and conditions of employment. The union may promise wage increases and other improvements to get employees to vote for the union. However, the law makes it clear that as a result of negotiations, you could end up with more, the same or less than what you currently have here at Centria Autism Cascade Center. Everything is subject to the negotiation process.
Here are some facts about collective bargaining:
First contract negotiations often take a long time. Bloomberg Law issued a report stating the average first contract in the private sector takes over 465 days to negotiate. While this is an average number, we simply don’t know how long negotiations of a first contract will take; nor does the union.
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The parties are required to negotiate “in good faith.” This means that both parties must meet at reasonable times and exchange proposals. Both sides, by federal law, can simply say “no” to the other’s proposals. But there is no requirement that the parties ever reach a contract.
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The typical collective bargaining agreements adopt one-size-fits-all policies that could limit scheduling flexibility and your ability to get shifts that meet your needs, that prioritize seniority over performance and that allow the union to control most aspects of your work life.
Unions often make lots of promises to employees about what they might be able to get for them at the bargaining table. However, the union cannot guarantee that any specific benefit or aspect of your employment with Centria Autism will change for the better.
If the parties do reach an agreement, there is no guarantee that employees will end up with better wages, benefits, or terms/conditions of employment than they had prior to unionization. Union representation just means “representation” – not necessarily good or bad representation.
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Some Frequently Asked Questions about Collective Bargaining:
Won’t it automatically mean more money or better benefits for me if the union is voted in?
No. Your pay and benefits would be subject to the negotiating process, and there are no guarantees in labor contract negotiations. Remember, there can be no unscheduled or unannounced changes to employees’ wages, benefits and terms & conditions of employment during the campaign or negotiation periods.
All a union can do is ask. Indeed, Section 8(d) of the National Labor Relations Act states that “[the bargaining] obligation does not compel either party to agree to a proposal or require the making of a concession.” All that is required is that the parties negotiate in what is called “good faith.” This simply means meeting at reasonable times with an open mind and listening to the proposals made by the other party; nothing less and nothing more. Logically, no one can predict the outcome of collective negotiations.
Can salary and benefits be reduced as a result of collective bargaining?
Yes, it is possible. To be clear, Centria Autism cannot punish you in any way for deciding to support the union – that is illegal. However, negotiations are a two-way street. It is usually a give and take process. Accordingly, you may give up (or reduce) some area of compensation or benefit in order to get something else that you or the union may want.
How long would it take the union and Centria Autism to negotiate a contract?
There is no timetable. Negotiations can take many months and sometimes even years before the parties reach either an agreement or an impasse (a legal deadlock). Sometimes, even after lengthy bargaining, unions and employers do not come to an agreement. There are many potential outcomes of collective negotiations.
If the union wins, who would negotiate the collective bargaining agreement?
Usually experienced lawyers and business agents negotiate collective bargaining agreements on behalf of their respective parties. In this situation, we do not know who would negotiate on behalf of the union. In addition, experience is a premium in our opinion, when negotiating a first contract. In this matter, there is no existing contract to modify; instead, the parties would be negotiating the very first contract between the union and Centria.
What happens if Centria Autism and the union do not agree on a collective bargaining agreement?
If an employer and union do not agree on a contract after engaging in good faith bargaining, the employer normally makes its final proposal, often called a “last, best, and final offer.” In response, the union normally will ask its members to vote on the proposal. If the members of the bargaining unit vote to accept (or “ratify”) the offer, then the parties have a collective bargaining agreement. If the members of the bargaining unit reject the offer, then there is no agreement.
If Centria Autism and the union do not agree to terms at the bargaining table, what can the union do?
Unions utilize different tactics at the bargaining table. Ultimately, calling a strike is the only leverage a union has to put pressure on an employer to agree to its proposals.
Depending on the terms of the employer health plan, employees may have to pay for 100% of the cost of their health insurance for the duration of the strike.
Do I still have to pay dues if I am not satisfied with the contract terms in any agreement the parties reach?
Yes, you could be obligated to pay dues or fees, even if you don’t get what you want from a contract. In other words, there is no “opting out” of the terms of any negotiated contract. As an employee in the bargaining unit, you would have to live under the terms of the contract negotiated by the bargaining committee and Centria Autism, regardless of whether you are satisfied with the contract.
If the union showed me a contract from another healthcare facility and told me that we will have the same contract or better at Centria Autism, is that true?
No. The union cannot guarantee any result because every negotiation is different. What another company may have agreed to with a union has nothing to do with Centria Autism.