Tip Tuesday: Are You Bargaining in Good Faith?
June 28, 2022

There is a difference between disagreeing with the other side’s proposal and strategizing to prevent reaching an agreement. How can you make sure you are fulfilling your duty to bargain in good faith?

  • Meeting with the Union at reasonable times
  • Bargaining with a sincere interest in reaching an agreement (not surfacing bargaining or stalling)
  • Providing relevant information to the Union upon request (i.e. if the Union needs information to make proposals, there is some obligation for a Company to provide the information to the Union)
  • Refraining from modifying any term of the CBA without the Union’s agreement
  • Bargaining with the Union as opposed to dealing directly with employees (bypassing the Union)
  • Providing information to allow Union representatives to perform their functions under provisions of a CBA (e.g. – OT Distribution)
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