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How to prepare for collective negotiations with a union

This guide explains how employers can prepare for collective bargaining with a union, including understanding NLRA obligations, forming a negotiating team, reviewing past agreements, analysing costs, and developing effective negotiation objectives and proposals.

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by Jed L. Marcus, Bressler, Amery & Ross, P.C.

The National Labor Relations Act (NLRA) protects the rights of employees to organize and select a union in order to address issues regarding wages, hours, and working conditions. Once a union has been certified as the employees’ collective bargaining representative, the employer and union are required to meet and collectively bargain in good faith about various terms and conditions of employment.

In order to bargain effectively, an employer must understand its legal obligations under the NLRA and properly prepare for negotiations so that it can obtain an agreement on a collective bargaining agreement (CBA) that satisfies its economic and operational needs. Also, an employer should be aware that it or another entity may qualify as a joint employer under the joint employer test and therefore have bargaining obligations as well.

In this guide, learn about:

  • Step 1: Form and train the negotiating team on its legal obligations
  • Step 2: Review experience during the life of the last CBA
  • Step 3: Review previous negotiations

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