Collective Bargaining Subjects
3
Categories
Mandatory, Permissive, Illegal
1
Duty
Bargain in good faith
1
Impasse
Permits unilateral implementation
three columns, three rules
The Bargaining Subject Sorter
Each topic falls into one column. The category determines whether bargaining is required, optional, or forbidden.
mandatory · MUST
Bargain Required
Wages, hours, terms and conditions of employment. No unilateral changes without bargaining.
- Wages, salaries, bonuses
- Health insurance and pensions
- Hours, overtime, scheduling
- Discipline procedures
- Layoff and recall procedures
- Workplace rules incl. drug testing
- Health and safety practices
permissive · MAY
Bargain Optional
Either side may propose. Neither must agree. Cannot insist to impasse.
- Internal union affairs
- Identity of bargaining team members
- Performance bonds
- Benefits for already-retired employees
- Strike settlement provisions
illegal · CANNOT
Bargain Forbidden
Cannot be negotiated even with mutual agreement. Statutorily prohibited.
- Closed shop (mandatory union membership before hire)
- Hot cargo agreements
- Discriminatory provisions
- Yellow dog clauses
- Featherbedding (paying for work not performed)
Three Shop Types
closed shop
Illegal everywhere
Mandatory union membership before hire. Banned by Taft-Hartley.
union shop
Conditional
Must join union after hire. Legal in non-right-to-work states only.
open shop
Legal everywhere
No union membership required. Standard in right-to-work states.
Exam Traps
Closed shop is ILLEGAL everywhere
Union shop (must join after hire) is legal in non-right-to-work states. Open shop is legal everywhere. The exam tests the distinction.
Insisting on permissive subjects is itself a ULP
Permissive subjects can be discussed but not insisted upon to impasse. Insisting converts a permissive proposal into an unfair labor practice.
Surface bargaining is unlawful
Going through the motions without intent to reach agreement. Refusing to make any concession over many sessions can be evidence.
Drug testing is MANDATORY
Workplace rules including drug testing are mandatory subjects. Employer cannot make unilateral changes without bargaining.
Closed shop is illegal
Mandatory union membership BEFORE hire is illegal under Taft-Hartley. Union shop after hire is legal in non-right-to-work states.
Impasse permits unilateral action
After good-faith bargaining to genuine deadlock, employer can implement its last best offer. Until then, no unilateral changes.
You and your roommate must bargain rent split, cleaning schedule, noise rules. You cannot decide unilaterally.
You may bargain over kitchen paint color if you both want. Neither can force the other to discuss it to impasse.
You cannot bargain to evict the third roommate based on her religion. No agreement makes it lawful.
After many sessions of genuine deadlock on rent, you can implement your last best offer.
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