September 2017 Ohio Schools

Negotiating a Contract

Once the company recognizes the union (via card check) or the union wins an NLRB election, the company and union must negotiate a contract which spells out terms of employment for those workers eligible for the contract. Usually, the union bargaining team is com-posed of leaders from the organizing commit-tee and union representatives familiar with contracts and bargaining.

Negotiating a contract is referred to as collective bargaining. When relations between unions and management are decent, contracts can usually be agreed to in a relatively short period of time – a few days, a few weeks or at most, a few months. Negotiations that drag on longer than a few months usually do so because a company does not want a contract. Unfortunately, 32 percent of workers in the U.S. who vote for a union for the first time never get a contract.

Enforcing the Contract

A union contract sets forth the terms of employment and a grievance mechanism for dealing with disagreements. A shop steward is the person who assists workers in filing grievances and using the grievance process. The union has a legal obligation to assist workers in the process. A shop steward is usually a worker who has special training in understanding the contract.

Renewing the Contract

Because contracts are for specific periods of time, such as one year or three years, the contract will “come up for renewal.” For most union-management relations, this is a fairly straightforward process. In other situations, it can become contentious.

The traditional way for workers to exercise pressure on a company is to go on strike. This is almost always a last resort for because it is so hard on their families.

The right to have a union, support a union, and engage in union activity is protected by State and Federal law. It is illegal for management to harass, intimidate, punish, or fire anyone for exercising your legally protected right to organize.

From Ohio Revised Code, Section 4117.03 – Rights of public employees:

1. Public employees have the right to:

1. Form, join, assist, or participate in, or refrain from forming, joining, assisting, or participating in, except as otherwise provided in Chapter 4117. of the Revised Code, any employee organization of their own choosing;
2. Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection;

From Ohio Revised Code, Section 4117.11 – Unfair Labor Practice:

1. It is an unfair labor practice for a public employer, its agents, or representatives to:

1. Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Chapter 4117. of the Revised Code or an employee organization in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances;
2. Initiate, create, dominate, or interfere with the formation or administration of any employee organization, or contribute financial or other support to it; except that a public employer may permit employees to confer with it during working hours without loss of time or pay, permit the exclusive representative to use the facilities of the public employer for membership or other meetings, or permit the exclusive representative to use the internal mail system or other internal communications system;
3. Discriminate in regard to hire or tenure of employment or any term or condition of employment on the basis of the exercise of rights guaranteed by Chapter 4117. of the Revised Code. Nothing precludes any employer from making and enforcing an agreement pursuant to division (C) of section 4117.09 of the Revised Code.
4. Discharge or otherwise discriminate against an employee because he has filed charges or given testimony under Chapter 4117 of the Revised Code