Mandatory Bargaining Topics: A Comprehensive Overview

Collective bargaining is a fundamental aspect of labor relations, allowing employees and their representatives to negotiate with employers over terms and conditions of employment. Within this process, certain topics are deemed mandatory subjects of bargaining, requiring both parties to engage in good faith negotiations. This article delves into the definition, examples, and legal obligations associated with mandatory bargaining topics, drawing insights from reputable sources such as the National Labor Relations Board (NLRB), the American Federation of State, County and Municipal Employees (AFSCME), and the Finishing Contractors Association (FCA).

Definition of Mandatory Bargaining Topics

Mandatory bargaining topics are subjects that “vitally affect” the relations between the employer and its employees. These topics are specifically outlined in the National Labor Relations Act (NLRA), a federal law that governs labor relations in the United States. The NLRA imposes a statutory obligation on both management and labor to engage in bargaining over these subjects.

Examples of Mandatory Bargaining Topics

The NLRA provides a comprehensive list of mandatory bargaining topics, including:

• Rates of pay and wagesThis encompasses various forms of compensation, such as base pay, bonuses, pensions, health and welfare plans, and profit-sharing arrangements.
• Hours of workThis includes daily and weekly overtime, shift schedules, and break periods.
• Other terms and conditions of employmentThis broad category covers a wide range of workplace issues, including seniority, plant rules, work assignments, health testing, drug testing, union security, no-strike/no-lockout language, non-discrimination policies, and grievance procedures.

Obligation to Bargain

The NLRA imposes a statutory obligation on both parties, management, and labor, to engage in bargaining over mandatory subjects. This obligation extends beyond simply meeting at the bargaining table; it requires both parties to negotiate in good faith with the genuine intent to reach an agreement. Failure to bargain in good faith can result in unfair labor practice charges and potential legal consequences.

Conclusion

Mandatory bargaining topics are a cornerstone of collective bargaining, ensuring that both employers and employees have a voice in determining the terms and conditions of employment. The NLRA’s emphasis on good faith bargaining promotes a collaborative approach to labor relations, fostering a productive and harmonious workplace environment.

References

1. Finishing Contractors Association. (2022, February 14). Understanding and Operationalizing Mandatory, Permissive and Illegal Subjects of Bargaining. https://finishingcontractors.org/do-we-have-to-negotiate-that-understanding-and-operationalizing-mandatory-permissive-and-illegal-subjects-of-bargaining/
2. National Labor Relations Board. (n.d.). Bargaining in Good Faith with Employees’ Union Representative (Section 8(d) & 8(a)(5)). https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/bargaining-in-good-faith-with-employees-union-representative
3. AFSCME Council 13. (n.d.). How Does Bargaining Work in the Public Sector? https://www.afscme13.org/state-contract-negotiations-2023-how-does-bargaining-work-in-the-public-sector/

FAQs

What are mandatory bargaining topics?

Mandatory bargaining topics are subjects that “vitally affect” the relations between the employer and its employees, as defined by the National Labor Relations Act (NLRA). These topics include rates of pay and wages, hours of work, and other terms and conditions of employment.

Why are mandatory bargaining topics important?

Mandatory bargaining topics are important because they ensure that both employers and employees have a voice in determining the terms and conditions of employment. This promotes a collaborative approach to labor relations and fosters a productive and harmonious workplace environment.

What are some examples of mandatory bargaining topics?

Examples of mandatory bargaining topics include:

• Rates of pay and wages (e.g., bonuses, pensions, health and welfare plans)
• Hours of work (e.g., overtime, shift schedules, break periods)
• Other terms and conditions of employment (e.g., seniority, plant rules, work assignments, non-discrimination policies, grievance procedures)

What is the obligation to bargain over mandatory subjects?

The NLRA imposes a statutory obligation on both management and labor to engage in bargaining over mandatory subjects. This obligation extends beyond simply meeting at the bargaining table; it requires both parties to negotiate in good faith with the genuine intent to reach an agreement.

What are the consequences of failing to bargain in good faith?

Failure to bargain in good faith can result in unfair labor practice charges and potential legal consequences, such as cease-and-desist orders, back pay awards, and injunctions.

Can mandatory bargaining topics be modified without agreement?

No, mandatory bargaining topics cannot be modified without the agreement of both parties. Any unilateral changes made by the employer without bargaining with the union may be deemed an unfair labor practice.

What happens if an impasse is reached during negotiations?

If an impasse is reached during negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). If mediation fails, the parties may engage in a strike or lockout, subject to certain restrictions and procedures outlined in the NLR