Collective Bargaining
Our attorneys represent employers with respect to the negotiation and administration of collective bargaining agreements. By developing a deep understanding of the employer’s administrative and operational objectives, analyzing the current collective bargaining agreement (if any) and any grievances and/or arbitration decisions that may have occurred during the term of the current contract, and remaining mindful of any changes in the law and any wage settlement trends in a particular industry, we are able to assist employers with the generation of negotiation proposals for presentation to the union. Depending on the needs of the employer, our attorneys can serve as an active participant in the negotiations at the bargaining table or as an advisor away from the bargaining table. We have extensive experience developing negotiation strategies that will best position an employer to achieve its objectives during the negotiation process.
In numerous settings, we have successfully negotiated collective bargaining agreement provisions regarding complex issues such as merit-based pay, employee drug testing, health plan carrier changes, changes in health plan design, changes to the employer-employee insurance premium splits, the removal of “past practice” clauses, and the insertion of detailed Management Rights provisions, among others. If the parties are not able to reach mutually agreeable terms at the bargaining table, our attorneys have also mediated over bargaining agreements and have conducted collective bargaining interest arbitrations.
Following the negotiation of a collective bargaining agreement, the firm administers the agreement by assisting employers with the analysis of grievances, generating grievance responses, and participating in grievance meetings, and/or grievance arbitrations. Having seen that a proactive approach to contract administration is best, we frequently conduct employer training to leadership teams and supervisors regarding their rights and obligations under the collective bargaining agreement. Should an unforeseen issue arise during the term of the collective bargaining agreement (e.g. COVID-19 pandemic) our attorneys work collaboratively with the client and the union’s counsel/representative to address those unforeseen issues and generate “side letters” that memorialize any agreed-upon short-term waivers or modifications of the bargaining agreement.
