A collective bargaining agreement is an agreement reached between an employer and a group of workers regarding the terms of their employment. During collective bargaining, employees are typically represented by a labor union and their legal team. Collective bargaining helps put employees in a stronger negotiating position by working as a united front with their coworkers.
At Duddy, Goodwin & Pollard, our experienced team of Boston labor and employment lawyers has a long history of helping workers and the labor unions that represent them negotiate for favorable employment terms. Contact us today to learn more about how we can help you win the employment rights you deserve through collective bargaining.
What Is Decided During Collective Bargaining?
When an employer engages in collective bargaining with a labor union, there are a variety of points that will likely be decided regarding the employment terms of workers. Among the things that are often decided in these negotiations include:
- Salaries
- Bonuses
- Other forms of compensation
- Working hours
- Holidays
- Sick leave
- Vacation
- Working conditions
- Workplace rules
- Various benefits
The two sides will present their desired positions and, along with the legal representatives of both sides, will negotiate each point until an agreement is reached. The International Labour Organization (ILO) states that collective bargaining is a fundamental right available to all workers.
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Benefits of Collective Bargaining
Collective bargaining gives workers the ability to present their concerns to their employer as a united front with their coworkers. It is much harder for an employer to disregard their entire workforce than it is for them to disregard a single employee. Collective bargaining has been shown to reduce workplace inequality and provide workers with labor protection.
Workers who are part of a labor union and whose contracts are negotiated through collective bargaining tend to have better benefits, better working conditions, and earn more money than others in the industry who negotiate their contracts individually.
Who Represents the Workers During Collective Bargaining?
When engaged in collective bargaining with an employer, workers are represented by labor union leaders who are elected by the workers to fight for their interests. Union leaders will work with experienced labor lawyers to negotiate the most favorable employment terms for the workforce.
The experienced legal team at Duddy, Goodwin & Pollard can represent your labor union and give you the best chance of reaching a collective bargaining agreement that meets the needs of the workers.
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Steps in the Collective Bargaining Process
Collective bargaining can occur at various points. Typically, this process is initiated when the contracts negotiated under a previous collective bargaining agreement are up for renewal or anytime an employer makes any changes to the workplace or the workers’ contracts.
After the collective bargaining process has begun, there are a variety of steps that will typically occur before a collective bargaining agreement is reached. Common steps in the process include:
- Identifying issues
- Deciding on demands
- Negotiating
- Reaching an agreement
- Voting on the agreement
Identifying Issues
The first step for workers is to identify the issues they would like to address through collective bargaining. Workers can submit their grievances to their union representative at a union meeting or directly at any time.
Deciding on Demands
Once the issues have been identified, workers need to determine how they would like them resolved. The union will need to present a list of demands as an opening position for negotiations.
Since the employer is unlikely to accept all of the demands, it is important to determine the priority of each demand to get an agreement that is most aligned with the needs of the workers.
While the list of demands will represent what the union would ultimately like to achieve, having a list of the minimum acceptable conditions of an agreement can help ensure that the workers get a deal they can handle.
Negotiations
After the labor union presents its demands to the employer, the two sides will meet with their legal representatives to negotiate a deal. If an agreement cannot be reached, the labor union may call for a strike of the workers to halt all work until a deal is agreed upon.
Reaching an Agreement
Once the labor union leaders and the employer agree on all the points being negotiated, a contract will be drawn up and presented to the workers.
Voting on the Agreement
After the agreement is submitted to the members of the union, they will have the opportunity to vote on whether to accept or reject the deal. If the workers decide they are not satisfied with the terms negotiated by leadership, the union leaders will go back to negotiations with the employer to see if changes can be made to accommodate the workforce.
If the union votes to accept the deal, the new contracts will be signed, and the new terms will be implemented.
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Experienced Labor Lawyers Can Help Union Leaders Secure Favorable Terms in a Collective Bargaining Agreement
Collective bargaining can be a lengthy and contentious process. While union leaders are aware of their people’s needs, they may not have all the tools necessary to negotiate for the best possible outcome. Fortunately, experienced labor and employment lawyers know how to handle themselves in negotiations and will use all their resources to achieve a favorable outcome.
At Duddy, Goodwin & Pollard, we can help ensure that the terms of your collective bargaining agreement reflect the needs of the workforce. Contact us today to schedule an initial case evaluation with a member of our team. We’ll review your case, answer all your questions, and advise you of your legal options in the collective bargaining process.
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