How to Amend a Collective Bargaining Agreement

While the union may not be able to strike in the middle of the collective agreement, members may still be able to take concerted action. You can take steps to let COLLECTIVEly management know how they feel and remind the boss that future relationships will suffer if the employer tries to make changes without negotiating. Concerted action must not violate the Treaty. EU members have always been inventive when it comes to demonstrating their aversion to employer policies. Be sure to consult with an EU field organizer before taking any action. Just as members take action during contract negotiations, they should be prepared to take action during negotiations between contracts. In many cases, employers are required to negotiate medium-term changes with the union. One tactic members can use is to pressure their local to demand that negotiations take place. These three treaties contain in Article 6 language against “non-contractual agreements”. These ancillary transactions may also constitute violations of the NLRB.

As a remedy, the complaint should require that the violation cease and that all those affected be cured in all respects. In MV Transportation`s decision released on September 10, 2019, the Board of Directors voted 3-1 to adopt the “Contract Coverage” standard, which is followed by the D.C., the first and seventh circles. 368 NLRB No. 66 (2019). Under this new standard, an employer can unilaterally change a condition or condition of employment if the collective agreement “covers” the amendment of the dispute. To do this, “the Commission will examine the clear wording of the collective agreement to determine whether the measures taken by an employer were within the framework or within the framework of the contractual wording, which gives the employer the right to act unilaterally.” Id, in the case of 2. For example, if the collective agreement contains a provision that largely allows the employer to implement new rules and guidelines and revise existing ones, the employer may introduce a new attendance or safety rule without first negotiating with the union. Employers should review the wording of their collective agreements or consult with counsel on a case-by-case basis to determine whether they fall within the contractual coverage standard and therefore have the option to unilaterally revise or implement certain rules and guidelines. The union is demanding negotiations on the company`s stated plans to implement a new absence policy. Please let us know when you will be available for negotiations.

The Union also reminds you that no changes can be made to the current policy until collective bargaining is completed. The full general clauses on management rights do not constitute a waiver of trading rights. The NLRB and the state`s industrial relations committees have made decisions on matters on which the employer must negotiate, called mandatory matters, and matters on which the employer does not have to negotiate, called permissive matters. A permissive subject is one on which the employer does not have to negotiate, but can do so if they want to or if we can do so. In most cases, the NLRB states that a change must have a significant impact on workers to trigger the bargaining rule. For example, changing lunch times by five minutes may not be considered important, but change start times by one hour. Management may try to argue that the “management rights” clause of the contract allows it to make changes without negotiation. Employers are required by law to negotiate in good faith with their employee representative and to sign any collective agreement entered into.

This obligation includes many obligations, including the obligation not to make certain changes without negotiating with the union and not to circumvent the union and to deal directly with the workers it represents. These examples hardly scratch the surface. Given the complexity and importance of this issue, employers should do so. A union must bargain in good faith on behalf of the workers it represents, and it is illegal for a union not to do so. Examples of failure to do so include insistence on an impasse on a non-mandatory bargaining issue or entering into a collective agreement with an employer who then refuses to sign it. Article 12 of the IBT Constitution gives the Teamsters the right to vote by secret ballot on treaties and on medium-term amendments or modifications to treaties. .