Types of Bargaining Items

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The Collective Bargaining Process

While we could go to the National Labor Relations Act and cite the definition of collective bargaining, a bit simpler definition might serve us as well. Collective bargaining is defined as "the process of negotiation between representatives of a union and employers (represented by management), in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures. and about the rights and responsibilities of the union" (Farlex, Inc., 2007). Dessler simply defines it as "The process through which representatives of management and the union meet to negotiate a labor agreement"

There is one concept missing from the more simple definitions but which the National Labor Relations Act requires: that is the concept of "good faith bargaining." So what is good faith bargaining? Dessler defines good faith bargaining as interaction in which "both parties are making every reasonable effort to arrive at an agreement: proposals are being matched with counterproposals" (Dessler, 2005).

Carrell and Heavrin provide a listing of potential violations of good faith bargaining as interpreted by the NLRB and courts. The listing along with brief definitions follows (cited in Dessler, 2005).

1. Surface bargaining: Going through the motions without any serious commitment to reaching an agreement.
2. Inadequate concessions: Unwillingness to compromise.
3. Inadequate proposals and demands: As alluded to in the definition, proposals should be met with counter proposals.
4. Dilatory tactics: Failure of one party or the other to meet together at "reasonable times and intervals."
5. Imposing conditions: Those conditions which are so unreasonable they demonstrate "bad faith" by themselves.
6. Making unilateral changes in conditions: A rather obvious sign that the party doing this is not bargaining in good faith.
7. Bypassing the representative: Failing to negotiate with the designated party or parties.
8. Committing unfair labor practices during negotiations. It strongly suggests that one side is not acting in good faith.
9. Withholding information: Management, upon request by the union, is obligated to provide the union with information necessary for union representatives to discuss issues rationally and intelligently.
10. Ignoring bargaining items: Failure to address mandatory bargaining items or demanding negotiations on a permissive item.

While these requirements may be directed toward management, the reality is that they apply to union representatives as well, if in fact they are bargaining in good faith.

I perhaps tend to belabor the concept of good faith bargaining, but, without good faith bargaining by both sides, it is unlikely both sides will be able to meet an agreement acceptable to both. Without it, "going through the motions" is a waste of time and resources for both sides and results in a less than optimum contract.

Types of Items

There are generally three types of bargaining issues: mandatory, permissive, and prohibited and it is important to realize in which category different issues fall.

Mandatory Collective Bargaining	These issues include those directly related to working conditions: wages, benefits, hours, vacations, layoff plans, grievance procedures, discharge, and a host of others related to the terms and conditions of employment. "Terms and conditions of employment" is a sufficiently broad phrase to potentially include a host of other items. These are the issues that most directly impact the employee.
Permissive Collective Bargaining	These are issues one or both sides can bring up for discussion but may or may not reach agreements on. For either side to insist these items be dealt with is illegal. Examples of such items might include negations dealing with retiree issues or work life issues (Mondy & Noe, 2005).
Prohibited Bargaining	These are issues, sometimes referred to as "illegal bargaining issues," that essentially are outlawed and not permitted on the bargaining table. For example, those items defined as "management rights" are not subject to negotiation. November 20, 2007ng issues to be considered management rights.

References

Farlex, Inc. (2007). Collective Bargaining. http://encyclopedia.thefreedictionary.com/collective+bargaining.

Gary Dessler. Human Resource Management. 10th Edition. Upper Saddle River: Pearson, 2005.

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