Basic Guide to the National Labor Relations Act
Section 8(b)(3)—Refusal to Bargain in Good Faith
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Section 8(b)(3)—Refusal to Bargain in Good Faith. Section 8(b)(3) makes it illegal for a labor organization to
refuse to bargain in good faith with an employer about wages, hours, and other conditions of employment if it is the representative of that employer’s employees. This section imposes on labor organizations the same duty to bargain in good faith that is imposed on employers by Section 8(a)(5). Both the labor organization and the employer are required to follow the procedure set out in Section 8(d) before terminating or changing an existing contract (see p. 6). A labor organization that is the employees’ representative must meet at reasonable times with the employer or his designated representative, must confer in good faith on matters pertaining to wages, hours, or other conditions of employment, or the negotiation of an agreement, or any question arising under an agreement, and must sign a written agreement if requested and if one is reached. The obligation does not require the labor organization or the employer to agree to a proposal by the other party or make a concession to the other party, but it does require bargaining with an open mind in an attempt to reach agreement. So, while a union may try in contract negotiations to establish wages and benefits comparable to those contained in other bargaining agreements in the area, it may not insist on such terms without giving the employer an opportunity to bargain about the terms. Likewise, a union may seek voluntary bargaining on nonmandatory subjects of bargaining (p. 20), such as a provision for an industry promotion fund, but may not insist on bargaining about such subjects or condition execution of a contract on the reaching of agreement on a nonmandatory subject. When a union has been bargaining with a group of employers in a multiemployer bargaining unit, it may withdraw at any time from bargaining on that basis and bargain with one of the employers individually if the individual employer and the multiemployer group agree to the union’s withdrawal. And even in the absence of employer consent, a union may withdraw from multiemployer bargaining by giving the employers unequivocal notice of its withdrawal near the expiration of the agreement but before bargaining on a new contract has begun. Section 8(b)(3) not only requires that a union representative bargain in good faith with employers, but also requires that the union carry out its bargaining duty fairly with respect to the employees it represents. A union, therefore, violates Section 8(b)(3) if it negotiates a contract that conflicts with that duty, such as a contract with racially discriminatory provisions, or if it refuses to handle grievances under the contract for irrelevant or arbitrary reasons. Examples of violations of Section 8(b)(3). Section 8(b)(3) is violated by any of the following: • Insisting on the inclusion of illegal provisions in a contract, such as a closed shop or a discriminatory hiring hall. • Refusing to negotiate on a proposal for a written contract. • Striking against an employer who has bargained, and continues to bargain, on a multiemployer basis to compel it to bargain separately. • Refusing to meet with the attorney designated by the employer as its representative in negotiations. • Terminating an existing contract and striking for a new one without notifying the employer, the Federal Mediation and Conciliation Service, and the state mediation service, if any. • Conditioning the execution of an agreement on inclusion of a nonmandatory provision such as a performance bond. • Refusing to process a grievance because of the race, sex, or union activities of an employee for whom the union is the statutory bargaining representative. Download 0.56 Mb. Do'stlaringiz bilan baham: |
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