What Is the Collective Bargaining Process?

Summary

In this informative video, Jessica Miller Merrell, founder of Workology, delves into the collective bargaining process, a collaborative negotiation between employees and their union for better employment terms. She outlines the three stages of this process: identification of needs, negotiation, and contract administration, emphasizing the importance of a Collective Bargaining Agreement (CBA). The video provides insights into the structure of a CBA, including mandatory, permissive, and illegal sections, and offers a sample CBA for further study. With a focus on HR leaders, this video is a valuable resource for those preparing for HRCI and SHRM certification exams.

Takeaways

• 🤝 Collective bargaining is a negotiation process between employees and their union to determine terms of employment, such as pay, scheduling, and benefits.
• 👥 The process involves two main parties: management (often including HR leaders) and the union representatives.
• 📝 A collective bargaining agreement (CBA) is the result of the negotiation process, aiming for a mutual decision that benefits both the business and the employee group.
• 🚗 The script compares collective bargaining to buying a car, emphasizing the negotiation and agreement stages.
• 📅 The process includes an identification stage where both parties determine their needs and set a timeline for reaching an agreement.
• 🔄 The negotiation stage involves back-and-forth discussions, with the possibility of heated debates and revisiting negotiations at a later date.
• 📑 Contract administration is the final stage where the agreed terms are documented and signed, forming a binding contract known as the CBA.
• 🔗 The CBA has a defined beginning and end, and it serves as a guideline for handling situations or challenges during its duration.
• 📋 The CBA consists of mandatory, permissive, and illegal sections, with mandatory sections required by the National Labor Relations Board (NLRB).
• 🚫 Illegal sections of a CBA include clauses that promote discrimination or restrict hiring to union members only, which can lead to legal issues.
• 👀 Before signing, the CBA is reviewed by legal experts from both the employer's and the union's side to ensure all terms are acceptable and legal.

Q & A

What is the purpose of collective bargaining?

The purpose of collective bargaining is for employees, often represented by a union, to negotiate terms of employment such as pay, scheduling, employee benefits, and work-life balance with the management of their employer.

Who are the two main groups involved in the collective bargaining process?

The two main groups involved in the collective bargaining process are the management, which usually includes executive leaders and Human Resources, and the union representatives, who are the executive leaders of the union involved in the negotiation process.

What is a Collective Bargaining Agreement (CBA)?

A Collective Bargaining Agreement (CBA) is the agreement reached between the management and the union, which outlines the terms and conditions of employment for the represented employees.

How does the collective bargaining process compare to buying a car?

The collective bargaining process is similar to buying a car in that it involves two parties negotiating to reach a mutual agreement. It includes stages of identification of needs, negotiation of terms, and contract administration, much like the stages of deciding on a car, negotiating its price and features, and finalizing the purchase.

What are the three stages of the collective bargaining process?

The three stages of the collective bargaining process are identification, where both parties determine their needs and set a timeline; negotiation, where parties discuss and compromise on the terms; and contract administration, which involves finalizing and signing the agreement.

What is the role of HR in the collective bargaining process?

In the collective bargaining process, HR often plays a role in representing the management side, participating in the conversations and negotiations regarding employment terms and conditions.

What is included in the mandatory section of a CBA?

The mandatory section of a CBA includes topics required by the National Labor Relations Board, such as grievance procedures, benefits, perks, schedules, and attendance policies.

What are permissive sections in a CBA?

Permissive sections in a CBA are not mandatory but may include additional items that the parties agree to include, such as outlining the union's employee board of directors or general communication methods between the union and employees.

What constitutes the illegal section of a CBA?

The illegal section of a CBA includes terms that are not allowed, such as clauses that would allow the union to dictate hiring practices or introduce any form of legal discrimination.

How can one obtain a sample of a Collective Bargaining Agreement (CBA)?

A sample of a Collective Bargaining Agreement (CBA) can be obtained by joining the HR certification study group on Facebook or visiting HRcertificationstudygroup.com, where it is available in the file section.

Who is Jessica Miller Merrell and what is her role in this context?

Jessica Miller Merrell is the founder of Workology and the creator of the 'Ace the HR Certification Exam'. In this context, she is the presenter of the video discussing the collective bargaining process.

Outlines

00:00

🤝 Understanding Collective Bargaining

This paragraph introduces the concept of collective bargaining, which is a process where employees, often represented by a union, negotiate their employment terms with employers. Jessica Miller Merrell, the founder of Arcology, sets the stage for discussing the collective bargaining process, its importance for HR leaders, and its relevance to HRCI and SHRM certification exams. The paragraph outlines the mutual goal of reaching a collective bargaining agreement (CBA) that benefits both the business and the employee group. It also describes the two main parties involved in the process: management, which may include HR representatives, and the union members, who are involved in the negotiation and mediation process.

05:02

📝 The Collective Bargaining Agreement (CBA) Structure

The second paragraph delves into the structure and components of a collective bargaining agreement (CBA). It explains that a CBA is a binding contract that outlines the terms and conditions agreed upon by both the union and the employer for a specified period. The paragraph details the three parts of a CBA: mandatory subjects required by the National Labor Relations Board (NLRB) such as grievance procedures and schedules, permissive subjects that are not required but can be included such as union communication methods, and illegal subjects that are prohibited, like discriminatory hiring practices. The paragraph also emphasizes the importance of legal review before signing a CBA and provides a resource for viewers to access a sample CBA through the HR certification study group on Facebook or their website. Jessica Miller Merrell concludes by inviting feedback and suggestions for future topics.

Keywords

💡Collective Bargaining

Collective bargaining is a process where employees, often represented by a union, negotiate with employers to establish the terms of employment. It is central to the video's theme as it is the main subject being discussed. The script mentions collective bargaining as a mutual decision-making process that aims to benefit both the business and the employee group, with the goal of reaching a collective bargaining agreement (CBA).

💡Union

A union is an organization that represents the collective interests of workers and negotiates with employers on their behalf. In the context of the video, unions are one of the two main parties involved in the collective bargaining process, working alongside management to negotiate terms such as pay, scheduling, and benefits.

💡Collective Bargaining Agreement (CBA)

A collective bargaining agreement, or CBA, is the outcome of the collective bargaining process, representing a formal agreement between the union and the employer. The script describes the CBA as a binding contract that includes the negotiated terms and conditions of employment, which both parties have agreed upon.

💡Management

In the script, management refers to the executive leaders of a company who are involved in the collective bargaining process. They are one of the two groups that negotiate the terms of employment with the union, aiming to reach a mutually beneficial agreement.

💡Identification

Identification, in the context of the video, is the first stage of the collective bargaining process where both parties identify their needs and priorities, such as compensation, time off, and benefits. The script uses the analogy of buying a car to illustrate this stage, where one considers what features are most important.

💡Negotiation

Negotiation is the second stage of the collective bargaining process, where the parties discuss and compromise on the terms identified in the previous stage. The script provides an example of a car purchase negotiation to illustrate this back-and-forth process, highlighting the give-and-take nature of reaching an agreement.

💡Contract Administration

Contract administration is the final stage of the collective bargaining process, where the agreed-upon terms are formalized into a binding contract. The script describes this as the paperwork phase, where the CBA is signed and becomes legally binding for the duration outlined in the agreement.

💡Grievance Procedures

Grievance procedures are part of the mandatory section of a CBA and outline the process for handling disputes or concerns raised by employees. The script mentions these procedures as a required component of the CBA, ensuring there is a structured way to address issues that may arise.

💡Mandatory, Permissive, and Illegal Sections

These terms refer to the different types of sections found within a CBA. Mandatory sections are required by law and include topics like grievance procedures and schedules. Permissive sections are optional and may include additional items agreed upon by both parties. Illegal sections refer to terms that are not allowed, such as discriminatory practices. The script explains these distinctions to clarify what can and cannot be included in a CBA.

💡National Labor Relations Board (NLRB)

The National Labor Relations Board is a U.S. government agency that oversees labor relations and enforces the laws governing collective bargaining. The script mentions the NLRB as the entity that outlines the mandatory topics that must be included in a CBA, ensuring compliance with labor laws.

💡Legal Review

Legal review is the process of having legal experts examine the CBA to ensure that all terms and conditions are lawful and in compliance with regulations. The script suggests that it is a prudent step to have in-house or outside counsel review the contract before it is signed, to avoid any legal issues.

Highlights

Collective bargaining is a negotiation process between employees and their union to determine terms of employment.

The collective bargaining process is aimed at reaching a mutual decision beneficial to both the business and the employee group.

There are two main parties involved in the collective bargaining process: management and the union representatives.

The process involves three stages: identification, negotiation, and contract administration.

Identification involves both parties determining their needs and setting a timeline for reaching an agreement.

Negotiation is the stage where parties discuss and compromise on the terms such as pay, benefits, and working conditions.

Contract administration is the final stage where the agreed terms are documented and signed, forming a binding agreement.

A Collective Bargaining Agreement (CBA) is a binding contract with a specified beginning and end date.

The CBA contains mandatory, permissive, and illegal sections, with mandatory sections being required by the NLRB.

Mandatory sections of a CBA include grievance procedures, benefits, and schedules.

Permissive sections are not mandatory but can include additional items like union communication methods.

Illegal sections of a CBA are those that are not allowed, such as discriminatory hiring practices.

Before signing, the CBA is reviewed by legal experts to ensure it is legally sound and beneficial for both parties.

The CBA serves as a guidepost for handling potential situations or challenges during its duration.

An example of a CBA can be found in the HR certification study group on Facebook or on their website.

The collective bargaining process is common and essential for HR leaders to understand for HRCI and SHRM certification exams.

Jessica Miller Merrell, the founder of Workology and creator of the Ace the HR Certification Exam, provides insights on the collective bargaining process.

Engagement with the audience is encouraged for thoughts, ideas, and suggestions on future topics related to collective bargaining.

Transcripts

collective bargaining it's a process

where employees work with a union to

negotiate their terms of employment

things like pay scheduling hours

employee benefits family balance and

more today we're diving into the subject

of the collective bargaining process

together

my name is Jessica Miller Merrill I'm

the founder of arcology and the creator

of the ace the HR exam today we're

talking about the collective bargaining

process what HR leaders need to know

when it comes to collective bargaining

and working with unions for their hrci

and Sherm certification exams are you

ready let's get started

the process of collective bargaining is

really to come to a mutual decision and

conclusion that benefits

the business and the employee group or

employees that are represented by a

union

normally you have two different groups

of people who are involved in the

collective bargaining process to come to

an agreement which is called a

collective bargaining agreement or CBA

those are members of management which is

normally executive leaders oftentimes

Human Resources is involved in these

conversations I know I have one I've

been involved in collective bargaining

agreements and then you normally have

the second group which is members of the

union and these are not necessarily the

reunion rep but executive leaders of the

Union who are part of the mediation and

negotiation process

foreign

collective bargaining is a lot like

buying a car or maybe purchasing your

home there are three different steps but

it involves again two different parties

so let's think about buying a car it is

you

and your family member and then the

second group which is your salesperson

same thing when it comes to collective

bargaining you have the organization and

then the individual but they are

represented it's many individuals who

are represented by a member or

representative of the Union so the three

different stages that you have is

identification so that's stage one and

that is both groups identifying what

they need what's most important

in terms of compensation time off

benefits working conditions whatever it

might be that is the identification and

then through identification you also set

a timeline when are we going to come to

an agreement or not and be able to walk

away so you do this when you buy a car

right you think about what perks and

benefits of that car do you need not

most do you need two rows or three

hatchback or a trunk these are all

things similar to the identification

process when we're thinking about

collective bargaining step two is

negotiation right so you're wheeling and

dealing you've tested the car you know

that you'll like it now comes the

negotiation

we sat right here in this room and went

over this and over this yeah but that

true code I sat right here and said I

didn't want any true code yeah but I'm

saying that true code you don't get it

you get oxidation problems it'll cost

you a heck of a lot more than 500.

you're sitting there you're talking in

circles you're talking like we didn't go

over this already yeah but this true

coach we had a deal here for 19.5 you

sat there and darned if you didn't tell

me you'd get me this car these options

without the ceiling for 19.5 all right

I'm not saying I didn't you called me 20

minutes ago and said you had it ready to

make delivery it says come on down get

it and and here you are and you're

wasting my time and my wife's time and

and I'm paying 19.5 for this vehicle

here

all right

I'll talk to my boss

you have a price in mind you have floor

mats or not maybe you need cruise

control added to the car whatever it is

these are things that are incredibly

important and you go back and forth

between the salesperson and you and so

those these are the things that happen

in the collective bargaining process you

go back and forth there's some heated

discussions you leave the room come back

at a later date to continue the

negotiation

step three is contract Administration

you have came to an agreement you're

getting your floor mats and your cruise

control on your new three seats three

row sorry SUV

just the same as the union and the

employer have come into the agreement

now the paperwork begins we have to

actually sign the contract and that is

step three

it's the administration piece you have

to go to the finance guy to get the

finance or you're writing a check so you

sign on the dotted line This is a

binding agreement which becomes a

collective bargaining agreement or CBA

so the CBA the collective bargaining

agreement has been signed and that's a

binding contract for a period of time

there's a beginning and an ending to

that contract so the collective

bargaining process is one that happens

quite often

if you would like to see an example of a

collective bargaining agreement you can

go to the HR certification study group

on Facebook or HR

certificationstudygroup.com under the

file section we have a sample collective

bargaining agreement for you this is a

guideline that you're going to use when

you are referencing potential situations

or challenges that come up this is your

guidepost it is your contract that both

the union and you as the organization

have agreed to for the duration of that

particular agreement there are three

different parts to a collective

bargaining agreement there are mandatory

permissive and illegal sections so let's

start with the mandatory these are

topics that are required to be in your

CBI as outlined by the nlrb the National

Labor Relations Board these are

grievance procedures benefits perks

schedules things that you need to know

what happens if someone has attendance

issues there's a process for Grievances

and such and all these things are

included in the mandatory section of

your collective bargaining agreement now

the permissive permissive section that

is subjective right these don't have to

be included and they're additional items

and this could be things like outlining

your employee Board of Directors for the

union or

um really some general things about how

the union communicates with employees

again not mandatory but really

permissive areas and then of course

there's the illegal section of the C

band these are things that are not

allowed and these are things like

clothes shops this is not allowed to and

not allowed to be included in your CBA

and that is when the union only allows

the company to hire people or members of

that Union into their organization or

some form of a legal discrimination so

your CBA has three different sections

really mandatory and permissive are the

most common and included those illegal

things that's what's going to get the

union and you in some hot water with the

National Labor Relations Board

once the terms of the collective

bargaining agreement have been reached

it is a binding contract prior to

actually signing you normally have your

in-house or outside Council for you as

the employer and also for the union

review that contract just to make sure

everything's copacetic it's good to get

more eyeballs particularly legal experts

on these things when it is once it is

signed it is binding for a period of

time from the beginning to the end which

is outlined in that CBA if you're

looking for a copy of a CBA you can join

our HR certification study group on

Facebook under the file section you can

access that just go to HR

certificationstudygroup.com join access

the file section and get your sample CBA

my name is Jessica Miller Merrell and

I'm the founder of workology and the

creator of the ace the HR certification

exam I am so excited that you took time

to watch this video on the collective

bargaining process let me know if you

have any other thoughts ideas

suggestions on future topics