Understanding the Collective Bargaining Process

The process of collective bargaining is where the labor union and the organization’s management negotiate their workplace differences in order to promote a positive working relationship ( Holley, Wolters & Ross, 2012). Both side have to go into the negotiations with the goal of having a positive and productive outcome of the bargaining process. If this is always goals then when future issues come up that have to be decided both side have a positive attitude and not on the defensive if there is a new labor dispute. The NLRA makes it a requirement for an employee to participate in the collective bargaining process with the labor union (McManemin, 1962). Both parties in the negotiation process have a duty negotiate employee salaries, work hours

Since the terms and conditions of employment is a broad subject, the NLRB has regulated what subjects are considered mandatory in the collective bargaining process. The court have also general upheld the issue of mandatory subjects in the collective bargaining process be as broad as possible. This allow each individual issue to a violation of unfair practices to be decided on a case by case basis. Employers must also agree to meet with the labor union at a reasonable time as part of its duty to bargain in good faith. If there is a non mandatory or permissive issue determined by the NLRA then employers can refuse to meet and negotiate with the labor about these subjects. Permissive subjects do not have to be in the labor union contract so refusal to negotiate will not be considered an unfair labor practice by management. The Supreme Court has narrow the criteria of whether or not the subject is mandatory or not. The first test is whether or not the issue is obviously significant to the work environment (Petersen & Boller,

NLRB has ruled the issue of surveillance camera should be covered under the list of mandatory bargaining during the collective bargaining process. The reason that this subject is included is because the existence of surveillance camera is considered a material change to the employee work environment. If employees know they are under constant surveillance may experience feelings of fear or anxiety. Even though the NLRB uphold the rights of employers to install camera to reduce theft and monitor employee misconduct, it also recognizes that this issues jeopardizes job security so it should be negotiated in good faith. Since bargaining in good faith does not require agreement then the fact that it is included as a mandatory subject does not mean that the employee cannot continue to use surveillance cameras. The issue of mandatory bargaining subjects is still a flexible issue regulated by the NLRA and the court system. Mandatory subjects during the collective bargaining process provide the framework to start the negotiation process between management and