The U.S. House of Representatives passed a bill that would place strict deadlines for employers and newly certified unions to reach a first collective bargaining agreement (CBA).
The bill, which garnered some bi-partisan support to pass the GOP-led House, would potentially place the terms of such initial collective bargaining agreements in the hands of federal arbitrators, instead of being negotiated to conclusion by the parties.
Once a union gains recognition as the exclusive bargaining representative of a group of employees (either through an election or recognition by the employer), the employer and the union currently are required to bargain in good faith towards a CBA. Nothing under the current law, the National Labor Relations Act, requires either party to make any concession or to acquiesce to the other party’s demands or proposals. As long as the parties negotiate in good faith, they fulfill their legal obligation.
Initial CBAs currently take, on average, well over a year to be negotiated—in part because they necessarily include any number of work rules, wage rates, benefits, and myriad other terms and conditions of employment specific to the employer’s operations.
The House bill would short-circuit that timeframe. Under the bill, if the parties have not reached a full agreement within 90 days of commencement of bargaining, a federal mediator would be appointed to assist...
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