Legal Definitions - failure to bargain collectively

Failure to bargain collectively refers to a situation where an employer or a labor union does not fulfill its legal obligation to negotiate in good faith over wages, hours, and other terms and conditions of employment. Labor laws typically require both parties to meet at reasonable times, confer in good faith, and make a sincere effort to reach an agreement. A failure to do so can be considered an unfair labor practice.

Here are some examples illustrating this concept:

• Example 1: Employer Avoiding Negotiations

  A manufacturing company's management repeatedly postpones or cancels scheduled negotiation meetings with the employees' certified union, or ignores requests for new meeting dates, for several months without providing legitimate reasons. The union has made several attempts to initiate discussions about a new collective bargaining agreement, but the company consistently avoids engaging.

  This demonstrates a failure to bargain collectively because the employer is not engaging in the required process of meeting and discussing terms in good faith. By avoiding the negotiation process altogether, the company is not fulfilling its legal obligation to bargain.

• Example 2: Unilateral Change by Employer

  After employees at a retail chain vote to unionize and a union is officially certified, the company suddenly announces a new policy that significantly reduces employee retirement contributions and increases healthcare premiums, effective next month. The company implements these changes without ever discussing or negotiating them with the union representatives, despite the union's requests to bargain over these issues.

  This illustrates a failure to bargain collectively because the employer made a unilateral change to mandatory subjects of bargaining (employee benefits) without first negotiating with the employees' chosen representative, the union. The law requires negotiation before such significant changes affecting terms of employment are implemented.

• Example 3: Union Refusing to Engage

  During contract negotiations, a newly certified union consistently rejects all proposals from the employer regarding work schedules and productivity metrics without offering any counter-proposals or explaining their objections. The union representatives simply state "no" to every suggestion, even when the employer offers reasonable compromises and asks for alternative solutions, effectively stonewalling the process.

  While often associated with employers, unions can also fail to bargain collectively. In this scenario, the union is not engaging in good faith negotiation by refusing to consider proposals, offer alternatives, or explain its positions, thereby obstructing the bargaining process and preventing any potential agreement.