Organizing Resource

Here you can educate yourself and members about organizing. This is the work center website with valuable information covering topics such as: how to form a union, what your rights are, and protection from retaliation. 

Subjects of Bargaining

There are three categories of subjects that are established under the National Labor Relations Act.  They are:  mandatory; permissive or voluntary; and, illegal subjects.  

MANDATORY SUBJECTS

Mandatory subjects are those that directly impact – wages, hours or working conditions (or terms and conditions of employment).  These are subjects over which the parties must bargain if a proposal is made by either party.  This does not mean that the parties have to reach agreement on such proposals, but rather that they have to engage in the process of bargaining in good faith over the subject.  Mandatory subjects may be bargained to impasse.  It is also legal to strike (or to lock-out) to obtain a mandatory subject of bargaining.  

Examples of mandatory subjects are:   

Wages     Jury duty pay   Shift premiums   Bereavement pay    Overtime    On-call pay   Premium pay    Severance pay   Longevity    Pensions   Pay for training   Health insurance   Holidays    Leave of absence   Sick days    Tuition reimbursement    Hours of work    Seniority   Work schedules   Job duties   Grievance procedure   Probationary period   Workloads    Testing of employees   Vacancies    Rest and lunch periods   Promotions    Bargaining unit work   Transfers    Subcontracting   Layoff and recall   No strike clause   Discipline and discharge  Non-discrimination   Waiver/zipper clause   Dues check off   Mandatory meetings   Mileage and stipends   In-service trainings   Evaluation procedures   Parking    Health and safety   Bonuses    Clothing and tool allowance   Incentive pay    Management rights clauses   Equity pay adjustments  Dental and vision plans   Legal services    Work rules   Bulletin boards   Meals provided by the employer     

PERMISSIVE OR VOLUNTARY SUBJECTS 

Permissive, voluntary or non-mandatory subjects of bargaining are subjects not directly related to the work.  That is, these subjects fall outside of wages, hours and working conditions and generally are matters that relate to the nature and direction of the business/industry or relate to the internal union affairs.  The list can be infinitely long.  The parties may agree to bargain over these but are not required to by law and can refuse to discuss them without fear of an unfair labor practice charge.  They also cannot be bargained to impasse.  Furthermore, it would also be a violation to strike over a permissive subject.  Subjects that have a minimal impact on the employment relationship most likely are permissive, but it is not always clear.  There could be considerable gray areas in determining whether a proposal is mandatory or permissive and these might have to be litigated for resolution.  

Examples of permissive/voluntary subjects are:  

Negotiation ground rules  Recognition clause defining the bargaining Supervisor’s conditions of   unit  employment   Either party’s bargaining team make-up Interest arbitration   Make-up of the employer’s board of Settlement of a ULP charge   directors or trustees Pensions for retired members  Demanding that a Union settle arbitrable Use of the Union label/flag   grievances filed under the previous Internal Union matters   contract  (how stewards and  officers are elected,  Union dues, officer  structure, Union  by-laws, etc.)   

ILLEGAL SUBJECTS 

Illegal subjects are those that cannot be legally bargained over by either party.  They are subjects that would violate a law and cannot be entered into legally into a collective bargaining agreement even if both parties agree to do so.  

Examples of illegal subjects are:  

Closed shop provisions, discrimination, hot cargo clauses, Discrimination - language that prohibits an employer from dealing with any employees or against a group based on race, sex, employer, usually involved in a labor disability, age, veteran’s status, dispute, religion, sexual orientation, marital status, etc.