The Union’s legal right—and the employer’s duty—to negotiate on mandatory subjects of bargaining is a continuous, ever-present, and quite powerful voice for unionized employees. Mandatory subjects include virtually anything that relates to wages, hours, and working conditions (including health and pension issues). Union members, stewards, and elected leaders need to keep a watchful eye on the employer, for the boss, under the National Labor Relations Act, has a legal duty to bargain with the union to impasse before making mid-term changes in many work rules, or implementing new policies.

If the employer wants to adopt a new work rule, or to make a change in a past practice, before doing so it must notify the union of the proposed change, and allow the union opportunity to bargain. Once the employer notifies the union of a proposed change, the burden is on the union to demand to bargain over the matter, and it should do so promptly and in writing to preserve this right.

Some employers notify the Local directly, but a unit leader who is informed by the company of a desire to change a term of employment should in turn notify their local representative. In virtually all cases the local or the unit leader will then notify the company in writing that we desire to negotiate. This is a good opportunity to also request specific information needed for bargaining and to request an initial meeting date to begin negotiations.

There are times, no surprise, when the employer implements a change without notice to the union. Strong units with a solid steward structure will certainly discover through a member, steward, or officer that a change has occurred. In this case, the union will immediately inform the employer in writing that the companies’ unilateral change may well be a violation of the National Labor Relations Act, that the Union expects the change to be stayed, or deferred, until the parties have completed negotiations as required by law.

How powerful is the Union’s right to bargain mid-term? Take a look at just a few of the mandatory subjects of bargaining—the employer must notify and bargain upon request before implementing changes in:

Sample Letters to the Employer on Mid-Term Changes

1. Sample Guild letter for when the employer provides notice to the union before implementing a change:

December 20, 2002

To: U. R. Theboss
From: Ima Steward
CC: Local 32035 Representative
Re: Request for Bargaining on Proposed Attendance Policy changes

The Guild has received your letter of December 18, 2002 informing the Union of proposed changes to the Attendance Policy. The Guild requests bargaining on this proposed change.

Please let me know what dates you are available to meet. We also request the following information: Attendance records for each employee for the past two calendar years.

As you are aware, it is a violation of federal labor law to implement a new policy on this subject until the bargaining process has been completed.

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2. Sample Guild letter for when the employer does not provide notice to the union before implementing a change:

December 20, 2002

To: U. R. Theboss
From: Ima Steward
CC: Local 32035 Representative
Re: Request for Bargaining on Proposed Attendance Policy changes

The Guild has learned that the company has implemented a new attendance policy. As you are aware, this is a mandatory subject of bargaining, and failure or refusal to notify the union and bargain upon request is a violation of federal labor law.

The Guild requests bargaining on the proposed change and requests that you immediately stay the policy until the bargaining process is complete. Please notify me by December 29 of your position on this matter and of your available dates to begin negotiations.

Should the company refuse to stay the policy and bargain with the union, we will address this violation in the appropriate forum.