What's in your Collective Bargaining Agreement?

CBA basics:

A collective bargaining agreement (CBA) is a written legal contract between an employer and a union negotiating committee representing the employees. The CBA is the result of an extensive negotiation process between the parties regarding topics such as wages, hours, and terms and conditions of employment.

It is important to note that once a CBA is reached, both the employer and the union are required to abide by that agreement.

As a Union member, you have the exceptional privilege of working under a collective bargaining agreement (CBA), and as Union Stewards you are challenged with ensuring that the agreement is defended and enforced.

Collective Bargaining Union Negotiation

A Little Bit of History:

The term "collective bargaining" was first used in 1891 by Beatrice Webb, a founder of the field of industrial relations in Britain. It refers to the sort of collective negotiations and agreements that had existed since the rise of trade unions during the 18th century.

Its development occurred later on the European continent and in the United States, where Samuel Gompers developed its common use during his leadership of the American Federation of Labor, which was merged into the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations) in 1955.

What it covers:

Most CBAs share certain features (for example, they all include grievance procedures and Union recognition clauses), but they have their differences, too. The UFCW 227 negotiating committee and management bargain over their priorities based on the financial state of the employer, the needs of the membership, and their relative power.

In most instances, your CBA covers three areas: wages, hours of work, and working conditions. These are known as mandatory subjects of bargaining. The range of these subjects is extensive, and they must be bargained over if either party makes a proposal that involves them. This does not mean that parties have to reach agreement on the item, but they do have to engage in good faith negotiations over it. Occasionally, CBAs have permissive subjects of bargaining in them. These subjects fall outside wages, hours, and working conditions and are generally related to the nature of the business or internal union affairs (for instance, the makeup of the Union’s bargaining committee or how the employer selects its supervisors). One party may present proposals about these subjects, but the other party can refuse to bargain over them without fearing an unfair labor practice (ULP) charge.

Rights in your CBA:

The CBA between UFCW 227 and your employer defines a set of rights for the workers in your bargaining unit. Without a Union and CBA, your employer could do whatever it wants to. These are hard-fought gains and your job as a steward is to see that the employer lives up to their obligations.

There are three categories of rights in a CBA:

  • Economic Rights: what provisions of your CBA cover compensation or benefits that the employer pays to workers? This includes wages, health insurance, overtime and shift differentials, vacation, or any other time that workers are compensated for.

  • Workers’ Rights: this is a broad range of subjects that impact working conditions. Does your CBA have language about safety and health? What about discipline and discharge? How does your CBA define meal and break periods or layoffs and recalls?

  • Union Rights: what rights does the Union have in your CBA? Can stewards handle grievances on work time, or do they need to do it off the clock? Does the Union have time to meet with new hires? Do members have access to union leave? What about bulletin boards for the Union?

The majority of issues you handle as a steward will involve economic rights and workers’ rights. However, your union rights are important to your role as a Union Representative. The core function of our Union is to negotiate good wages, benefits, and working conditions -- our Union rights help us defend and expand them. A good way to learn the background of your CBA is to talk with your Union Representative. There are years of accumulated knowledge in every local union. Talk with previous stewards and longtime activists and you’ll pick up a lot of good information in no time!

Sources:

  • https://mattaustinlaborlaw.com/2012/08/15/what-are-mandatory-permissive-and-illegal-subjects-of-bargaining/

  • https://www.flra.gov/cases/unfair-labor-practice

  • https://www.newworldencyclopedia.org/entry/Sidney_and_Beatrice_Webb

  • https://aflcio.org/about/history/labor-history-people/samuel-gompers

  • https://www.usw.org/act/activism/education/resources/stewards-corner-newsletter

Emily Browning