The employer can legally make unilateral changes (without negotiation with the union) if the union has waived its right to negotiate, among other things: if the employer proposes an amendment to a clause contained in the KBA (for example. B wages), the employer generally cannot introduce its proposed change to KBA without the union`s agreement, even if the parties find themselves in a bargaining impasse. Employers have a duty to negotiate with the union wages, hours and other conditions of employment. Negotiation is mandatory for a collective agreement during collective bargaining and continues for the duration of an existing CBA. New negotiations may be initiated by the union or employer on wages, hours and other terms of employment („mandatory subjects”) that are not included in the CBA and were not expected by the parties when they entered the KBA. This contribution contains general information on collective bargaining issues in the area of public health during the Covid 19 crisis, on a wide range of jobs. This information is based on the obligation to negotiate under the National Labor Relations Act (NLRA), which covers collective bargaining in the private sector. Some aspects of the obligation to negotiate in the public service will be different under relevant national or federal laws. With regard to issues relating to specific collective agreements, local directors and union officials should consult with their union employees and union officials. This position does not offer legal advice. Union administrators, officers and officers should seek the assistance of a lawyer from their lawyer.
Even if an employer is not required to negotiate a decision (for example. B a decision on the dismissal of workers), the employer is obliged to negotiate the effects or effects of the decision. For this reason, unions should ask the employer to negotiate both the decision and the impact or impact of the decision. Effects or effects may cover a number of issues such as the order of dismissals, severance pay, ongoing insurance coverage and the order of recalls. Some of these issues can already be addressed at the CBA. The union has the right to request information from the employer involved in the negotiation, including cases where the employer proposes to change the KBA or the status quo of working conditions. The union also has the right to request information to ensure that the employer complies with the KBA and to collect information relevant to complaints. If there is no CBA, the employer must negotiate in good faith with the union until the parties reach an agreement or impasse. To the point of deadlock – where the parties negotiate in good faith but are blocked – the employer can make unilateral changes that are consistent with the employer`s proposal when the parties are deadlocked. NLRB General Counsel Memorandum 20-04, Case Summaries Pertaining to the Duty to Bargain in Emergency Situation (March 27, 2020). Arbitrators may be more inclined than the NRL to impose unilateral changes by the employer on the basis of circumstances.
If the KBA does not contain a provision dealing with the employer`s proposed amendment (z.B reduction in risk compensation), the employer must negotiate in good faith pending agreement or deadlock. In cases where it is alleged that the employer has not complied with the CBA or made other unilateral changes, the government authority (NLRB/private staff or public agency/public official) may postpone the arbitration process. Trade union and trade union leaders play an important role in areas such as: A EU Steward`s Guide to Fighting COVID-19, available from www.ueunion.org/stwd_covid19.html. The union should ensure that its right to bargain is preserved. If the employer informs the union that the employer wishes to change the CBA or other working conditions, the union should respond immediately by seeking the agreement. An omission or delay could lead the union to waive its right of access to the employer`s proposal.
