Bargaining Terms & Scenario
*Collective Bargaining- The process in which employees present, discuss, propose, and receive proposed changes from the Company. Both sides work towards reaching an acceptable Collective Bargaining Agreement (CBA).
*Good Faith Bargaining- Is when both sides come to the bargaining table to listen, exchange proposals and find ways to address the areas of improvement. This requires time, listening and looking for solutions to concerns on both sides.
*Bad Faith Bargaining- Occurs when the Union or the Company does not make a fair attempt at reaching a conclusion, providing information, or perform surface bargaining. This also includes violation of the National Labor Relations Act, by violating the employees’ rights to support their Union, asking employees how they feel about their Union, or asking employees to remove Union buttons or stop discussions about the Union at work.
*Surface Bargaining- When a party tries to make it look like they are trying to reach a deal, but as time goes by it is revealed that the party had no intent of reaching a deal, so they just scratched the surface to buy time and delay. This is illegal and bad faith bargaining.
*Contract Extension- This occurs only when the parties do not have an accepted deal agreed to and the current contract expiration date expires. The parties, by mutual agreement, can sign an extension. The extension will spell out the new expiration or terms either party must follow to cancel the extension.
*Working without a contract- Please be aware that striking or picketing while working under a current contract can lead to lawful termination. Always wait for the Union to approve any strike or picket. If the contract is not extended, the workers have more options available that they did not have with the contract in force, such as: work stoppage, slowdown, picketing before work or after work, and other actions that would interrupt or limit the performance of service, customer utilization or use of the facilities. Working without a contract is not the same as going on strike, because employees still work and then lobby or picket customers on their off time. In most cases, this is to show the Company the workers are serious about getting the changes and improvements they need and to begin educating the public of the problem. The Company must continue the same wages, benefits, and working conditions spelled out and in place as when the contract or extension expired. So, all pay rates, premiums, insurance and retirement benefits continue until an economic strike takes place.
*Lockout- After the contract or extension has expired, a lockout could occur. The Company can choose to lock its workers out from work and staff the store with replacement workers hoping the employees will cave and agree with the Company’s proposed changes. The catch here is they must lock out EVERY UNION MEMBER, with no exceptions! They do not get to choose who they can lock out and who they will allow to work. Everyone ultimately ends up on the sidewalk in a strike. Lockouts do not happen very often for this reason. The Company would be stuck running the store on a skeleton crew, unless they can hire and train that many employees for each store. The question is, will the customers drive past the people they know to support Corporate Greed and workers they have never seen? We do not think so.
*Last, Best and Final Offer- This is always a proposal from the Company, and it says basically this is our last, best, and final offer. The LBFO is often submitted to Union members for their vote to reject it or accept it, but almost always comes with animosity and hostility. The timing of when to vote is not the Companies. The Union always decides what is in the best interest of most of the members and the retail industry as a whole when considering when or what type of vote. The UFCW International Union does not allow Local Unions to vote on offers that would hurt or injure other UFCW members around the country, so they can exercise authority and prevent a Local Union from voting such offer until such issue(s) are removed or modified to be acceptable.
*Ratification Vote- This is a vote by Union members to vote in support or opposition to the new offer. Unlike a strike vote which requires two-thirds vote, acceptance/ratification of a new contract is only required to have a majority vote. A strike vote can also take place at this time, providing the proposed offer is rejected. The timing of this strike vote is something determined by the Union.
*Strike Vote- A vote by 2/3 vote of the Union workers must be obtained to authorize any strike. There are two types of Strikes and both require the contract to have expired, a 2/3 vote of the workers, and approval from both the Local Union officers, and our International Union before a strike is called:
Unfair Labor Practice (ULP) strike- This type of strike occurs if the Company is bargaining in bad faith, which restricts the employee’s Union from obtaining a fair contract due to illegal activity. This type of strike is not over improvements, modifications etc, but rather on the bargaining process being violated. It is a way for workers to demand the Company bargain in good faith. During a ULP strike the Company must reinstate the workers upon the conclusion of the strike and let any hired or temporary workers go. A ULP strike takes place at the front steps of the store, with one message to notify customers the Company is bargaining in bad faith and ask them to shop elsewhere.
Economic Strike- Employee’s are limited to the sidewalks and can have different messaging than the ULP strike. There is not an end date, and employees can not be disciplined or retaliated against for striking. With an effective strike the parties will change their positions or decide to accept the others demands and then negotiate the return-to-work details. Economic Strikes are not predictable how long they will last, and strike pay will be in place. The key to this type of strike is the customers honoring the striking workers picket line.
*Good Faith Bargaining- Is when both sides come to the bargaining table to listen, exchange proposals and find ways to address the areas of improvement. This requires time, listening and looking for solutions to concerns on both sides.
*Bad Faith Bargaining- Occurs when the Union or the Company does not make a fair attempt at reaching a conclusion, providing information, or perform surface bargaining. This also includes violation of the National Labor Relations Act, by violating the employees’ rights to support their Union, asking employees how they feel about their Union, or asking employees to remove Union buttons or stop discussions about the Union at work.
*Surface Bargaining- When a party tries to make it look like they are trying to reach a deal, but as time goes by it is revealed that the party had no intent of reaching a deal, so they just scratched the surface to buy time and delay. This is illegal and bad faith bargaining.
*Contract Extension- This occurs only when the parties do not have an accepted deal agreed to and the current contract expiration date expires. The parties, by mutual agreement, can sign an extension. The extension will spell out the new expiration or terms either party must follow to cancel the extension.
*Working without a contract- Please be aware that striking or picketing while working under a current contract can lead to lawful termination. Always wait for the Union to approve any strike or picket. If the contract is not extended, the workers have more options available that they did not have with the contract in force, such as: work stoppage, slowdown, picketing before work or after work, and other actions that would interrupt or limit the performance of service, customer utilization or use of the facilities. Working without a contract is not the same as going on strike, because employees still work and then lobby or picket customers on their off time. In most cases, this is to show the Company the workers are serious about getting the changes and improvements they need and to begin educating the public of the problem. The Company must continue the same wages, benefits, and working conditions spelled out and in place as when the contract or extension expired. So, all pay rates, premiums, insurance and retirement benefits continue until an economic strike takes place.
*Lockout- After the contract or extension has expired, a lockout could occur. The Company can choose to lock its workers out from work and staff the store with replacement workers hoping the employees will cave and agree with the Company’s proposed changes. The catch here is they must lock out EVERY UNION MEMBER, with no exceptions! They do not get to choose who they can lock out and who they will allow to work. Everyone ultimately ends up on the sidewalk in a strike. Lockouts do not happen very often for this reason. The Company would be stuck running the store on a skeleton crew, unless they can hire and train that many employees for each store. The question is, will the customers drive past the people they know to support Corporate Greed and workers they have never seen? We do not think so.
*Last, Best and Final Offer- This is always a proposal from the Company, and it says basically this is our last, best, and final offer. The LBFO is often submitted to Union members for their vote to reject it or accept it, but almost always comes with animosity and hostility. The timing of when to vote is not the Companies. The Union always decides what is in the best interest of most of the members and the retail industry as a whole when considering when or what type of vote. The UFCW International Union does not allow Local Unions to vote on offers that would hurt or injure other UFCW members around the country, so they can exercise authority and prevent a Local Union from voting such offer until such issue(s) are removed or modified to be acceptable.
*Ratification Vote- This is a vote by Union members to vote in support or opposition to the new offer. Unlike a strike vote which requires two-thirds vote, acceptance/ratification of a new contract is only required to have a majority vote. A strike vote can also take place at this time, providing the proposed offer is rejected. The timing of this strike vote is something determined by the Union.
*Strike Vote- A vote by 2/3 vote of the Union workers must be obtained to authorize any strike. There are two types of Strikes and both require the contract to have expired, a 2/3 vote of the workers, and approval from both the Local Union officers, and our International Union before a strike is called:
Unfair Labor Practice (ULP) strike- This type of strike occurs if the Company is bargaining in bad faith, which restricts the employee’s Union from obtaining a fair contract due to illegal activity. This type of strike is not over improvements, modifications etc, but rather on the bargaining process being violated. It is a way for workers to demand the Company bargain in good faith. During a ULP strike the Company must reinstate the workers upon the conclusion of the strike and let any hired or temporary workers go. A ULP strike takes place at the front steps of the store, with one message to notify customers the Company is bargaining in bad faith and ask them to shop elsewhere.
Economic Strike- Employee’s are limited to the sidewalks and can have different messaging than the ULP strike. There is not an end date, and employees can not be disciplined or retaliated against for striking. With an effective strike the parties will change their positions or decide to accept the others demands and then negotiate the return-to-work details. Economic Strikes are not predictable how long they will last, and strike pay will be in place. The key to this type of strike is the customers honoring the striking workers picket line.