🔒Tips for tackling collective-bargaining negotiations

The campaign is over. The votes are in. Your employees have chosen to unionize. It's time to undertake the arduous task of building and maintaining a collective-bargaining agreement (CBA). What does this mean exactly? Where do you begin?

Here are the five key concepts you need to know about the creation and implementation of a CBA.

1. It's nothing new. Collective Bargaining is the tool or method used for establishing an agreement between employees and an employer. If your workforce is now a union, it means they want to use the tool for negotiating the terms and conditions of the employment relationship. This form of employee collaboration has existed since before the late 19th century. It is nothing new and we should not be fearful of it.

According to the AFL-CIO nearly 30,000 collective-bargaining agreements are negotiated each year. The Department of Labor provides an overview and examples of collective-bargaining agreements on its Office of Labor-Management Standards' Collective Bargaining Agreements page.

2. Understand the laws. It's important for both the union and employer to understand the guidelines set forth by key federal legislation. First, the National Labor Relations Act (NLRA) passed in 1935. Also referred to as the Wagner Act, it was foundational to U.S. labor law. The rights and roles of employers, employees and unions are defined and protected by the act.

It guarantees employees the right to organize and bargain collectively with employers through their own representatives. It also eliminated certain practices referred to as “unfair labor practices” or ULPs. For example, an employee may file a ULP complaint against a company for prohibiting them from joining a union.

Another important law is the Labor Management Relations Act of 1947 or the Taft-Hartley Act. It was a revision of the NLRA adding new language to give employees the right to refrain from participating in the union. The law also added a list of prohibited unfair labor-union practices.

3. Get training. There is a wealth of information online to educate yourself, your leadership team and employees. Resources from the Department of Labor can assist with understanding the process. And working with an employment lawyer will help keep everyone compliant.

However, to prepare for the actual meeting between union and management, consider hosting a mock negotiation session. A mock negotiation allows participants an opportunity to experience a negotiation before actually going through it. The Cornell University Library has a guide to mock bargaining that'll give all appropriate participants practice.

4. Build the relationship. Since employees have decided to unionize, the relationship with the employer may be under stress. It's at this time energy must be focused on building a relationship with the soon-to-be elected union officials.

Communication, especially listening, is vital to building rapport. Being open and available on a day-to-day basis is also essential for collaboration. The goal should be for all parties to function as a team.

5. Remember it's all perspective. What may be most important is remembering perspective. Whether you are the employee, employer or union official, a benefit to one party may be seen as a drawback for another. Thus the pros and cons may actually be the same depending on the point of view. Higher wages are probably an issue for the employer but is certainly a win for the union. Understanding perspectives can significantly help with holding a smooth negotiation and developing a fair agreement.

Christina A. Danforth is vice president/director professional development for the Human Resource Association of Central CT.