Bargaining Foundations — Know Before You Go

Contract negotiations are the most high-stakes activity in the labor movement. Everything your members live with for the next 3-5 years is decided at the bargaining table. Preparation is everything.

The Legal Framework:

• The National Labor Relations Act (NLRA) requires both parties to bargain in good faith

• Mandatory subjects of bargaining: wages, hours, and working conditions (you MUST bargain these)

• Permissive subjects: topics either party can raise but neither is required to bargain (union shop rules, internal management structure)

• Illegal subjects: closed shops, hot cargo clauses, discrimination

Types of Bargaining:

1. FIRST CONTRACT — Negotiating a brand new agreement after organizing

• The hardest negotiation — no existing language to build on

• Management often stalls hoping to decertify the union

• Key: get SOMETHING signed, then improve it next time

2. SUCCESSOR AGREEMENT — Renegotiating an existing contract

• You have current language as a baseline

• Focus: what needs to change, what needs to be protected, what new issues have emerged

• Easier because both sides understand the framework

3. REOPENER — Mid-contract negotiation on specific items

• Usually limited to wages or specific articles

• Triggered by contract language or mutual agreement

The Bargaining Team:

• Elected by the membership or appointed by union leadership

• Should include: union president/business agent, chief steward, rank-and-file members from different departments/shifts, subject-matter experts

• Every team member has a role: spokesperson, note-taker, observer, caucus leader

• ONE person speaks for the union at the table — discipline is critical

Timeline:

• Start preparing 12-18 months before contract expiration

• Survey members 9-12 months out

• Develop proposals 6-9 months out

• Begin bargaining 3-6 months before expiration

• Never let the contract expire without a plan