three categories of bargaining subjects · the exam tests these by name
Labor strategy & union relations at enterprise level
PHR-level labor relations is grievance handling. SPHR-level is the strategic posture — partnership vs confrontation, NLRB strategy, organizing-campaign response. Public union approval (~70% Gallup 2023) and the PRO Act have moved the conversation; senior HR knows where the regulatory path is going.
MANDATORY
Must bargain
Wages, hours, working conditions. Refusing to bargain in good faith is a ULP (Unfair Labor Practice) under NLRA §8(a)(5).
- · wages, comp structures
- · hours, schedules
- · health & safety conditions
- · grievance procedures
PERMISSIVE
May bargain
Subjects neither side can be forced to bargain over. Voluntary topics — bargained only when both parties agree to.
- · internal union rules
- · benefit-plan administration
- · corporate strategy decisions
ILLEGAL
Must NOT bargain
Including these voids enforceability. The exam reliably tests recognition of unlawful clauses.
- · closed shop (post-Taft-Hartley)
- · hot cargo clauses
- · discriminatory provisions
the part that surprises people about non-union employers
NLRA §7 protects concerted activity even at non-union employers.
Banning wage discussions, surveilling protected activity, threatening organizers — all violate NLRA regardless of whether the workforce is unionized. Senior HR audits handbook language for §7 violations before the NLRB does.
The best union-avoidance strategy is genuine engagement
Workforces organize when they\'re ignored. The exam reliably treats anti-organizing campaigns as the wrong answer — and explicit engagement, fair pay, and voice mechanisms as the right one. Senior HR builds those regardless of current organizing risk because the alternative — a successful organizing campaign — costs years of relationship rebuilding.
Exam Traps
Strategic ≠ tactical CBA grievance
PHR-level focus is grievance handling. SPHR-level is labor strategy — staying union-free vs partnership, organizing campaigns, NLRB strategy.
Section 7 protects concerted activity
NLRA Section 7 protects employees discussing wages even at non-union employers. Senior HR avoids policies that violate Section 7.
Card check vs election are different paths
Card check requires majority signed cards. Election requires NLRB-supervised vote. PRO Act would shift balance. Senior HR tracks regulatory path.
Recognized strikes have different protections
Economic vs ULP (Unfair Labor Practice) strikes have different replacement worker rules. Senior HR knows the distinction.
Anti-union policy can violate NLRA
Banning wage discussions, surveilling protected activity, threatening organizers — all violate NLRA. Senior HR audits handbook for compliance.
Engagement is the union prevention
Best union-avoidance is genuine engagement, fair pay, voice mechanisms. Senior HR builds these regardless of organizing risk.
Workers gather signatures or vote. NLRB supervises election.
Majority vote or card check produces recognition. CBA negotiation begins.
Mandatory subjects (wages, hours, conditions). Permissive and illegal subjects.
Contract with grievance procedure, no-strike clause, term.
Strong labor-management partnership reduces grievances and strikes.
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