Is there a duty to bargain collectively even if no prior collective bargaining agreement exists?
Employers and employee representatives must bargain collectively according to the Code even without a pre-existing agreement.
Does the duty to bargain collectively mean a party is forced to make concessions?
Bargaining collectively requires meeting in good faith to negotiate, but it never forces any party to agree or make concessions.
Does the duty to bargain collectively mean a party is forced to make concessions? Read More »
Can a party terminate a collective bargaining agreement during its lifetime?
Neither party can legally terminate or modify a collective bargaining agreement during its originally agreed lifetime.
Can a party terminate a collective bargaining agreement during its lifetime? Read More »
When can a party serve notice to modify an expiring collective bargaining agreement?
A written notice to modify the CBA can be served 60 days before expiration, during which the status quo must remain.
When can a party serve notice to modify an expiring collective bargaining agreement? Read More »
How long is the term of a Collective Bargaining Agreement concerning representation?
The representation aspect of any Collective Bargaining Agreement is legally fixed for a term of five years.
How long is the term of a Collective Bargaining Agreement concerning representation? Read More »
What is the first step when a party desires to negotiate a collective bargaining agreement?
To start collective bargaining, a party must serve a written notice of proposals, and the recipient must reply within ten days.
What happens if differences arise during the initial notice and reply phase of collective bargaining?
If differences arise from the bargaining notice and reply, either party can request a conference to begin within ten days.
When does the Board intervene in a collective bargaining dispute?
If bargaining differences remain unsettled, the Board intervenes and immediately calls the parties to conciliation meetings.
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Does the law allow a union shop agreement where union membership is required for employment?
Parties can require union membership as an employment condition, except for workers already in another union when signing.
Can a non-union member be charged agency fees?
Non-union members accepting CBA benefits can be legally assessed a reasonable fee equivalent to regular union dues.
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