Unions and Collective Bargaining

Unions represent workers in collective bargaining negotiations and agreements. Collective bargaining is the process by which employers and their employees determine the conditions of employment, including work conditions, benefits, and wages. The resultant collective bargaining agreement serves to resolve or prevent disputes between the employer and union employees. This process and union organization is controlled by the federal National Labor Relations Act (NLRA). If you are beginning the collective bargaining process, organizing a union, or if your employees are organizing a union, it is vital to contact a lawyer with experience in labor law.

The NLRA gives employees the right to decide if they want a union to represent them. The National Labor Relations Board, set up by the NLRA, governs union organization and conducts secret ballot elections in workplaces. Workers must petition the NLRB to organize an election. If the majority of workers vote to organize, then they are entitled to form a union or to join an existing union. The NLRA forbids employers from interfering with this election. If the vote passes, the employer will be required to submit to the collective bargaining process with union representatives.

The NLRA specifically excludes some workers from these rights, including:
1. Agricultural workers.
2. Supervisors.
3. Workers employed by a parent or spouse.
4. Workers employed as domestic help.
5. Government employees (federal, state, and local).
6. Workers in businesses governed by the Railway Labor Act.

If the workers organize a union, the individual employees will become union members and pay dues to cover the cost of union services. In collective bargaining, the union will negotiate with the employer on issues ranging from wages and benefits to work conditions and health and safety standards. Unions can bring expertise and legal familiarity to these negotiations, and this knowledge can be helpful to employees. Since the union represents a large number of workers, they are generally able to win better concessions than workers in individual negotiation. Companies may have union and non-union workers.

If you have a question about the organizing or collective bargaining process, you should contact an attorney with experience in employment law or labor law.

The Hiring Process

Potential employees have rights during the hiring process, before they are extended an offer of employment. Federal law prohibits hiring discrimination based on race, gender, nationality, pregnancy, age, religion, and disability. Some jurisdictions also extend protection against discrimination based on sexual orientation or gender identity. Employers are required to follow these laws strictly. There are some exceptions, based on a bona fide occupational qualification (BFOQ). For example, employers may consider a disability if it would prevent an employee from adequately performing the tasks necessary to a position. If you have a question about hiring discrimination, you should contact an attorney with experience in employment law.

Employers should largely avoid questions which relate to these protected classes. Questions should be avoided when the answer would indicate the applicant's:
1. Marital status.
2. Race.
3. Religion.
4. Sexual preference.
5. Age (except when inquiring if the applicant is a legal adult).
6. Citizenship status.
7. Intention to have children.
8. Disability status.
9. History of drug or alcohol usage.

Employers may discuss these topics if the applicant raises questions related to these areas, to the extent necessary to answer the applicant's questions.

Employers must complete a series of tasks when hiring a new employee before that employee can begin work. These include:
1. Contacting the IRS to obtain a federal employment identification number for each new employee.
2. Registering for payment of unemployment compensation taxes with the state employment     department.
3. Setting up tax withholding for the new employee.

In addition, employers must:
1. Report federal unemployment tax to the IRS.
2. Set up workers' compensation insurance.
3. Work with the Occupational Safety and Health Administration (OSHA) to prepare an Illness and     Prevention Plan.
4. Post all notices in the workplace required by OSHA and the federal and state Departments
     of Labor.

Employers should be extremely careful to avoid false promises or promises they cannot keep when hiring a new employee. Examples of this dilemma include misleading or exaggerated statements about job security, business prospects, or compensation. If these promises are not kept, the employer will be liable for damages based on breach of implied contract.

The need for employers to avoid discrimination and false promises during the hiring process makes this an important legal issue. If you have legal questions about the hiring process, you should consult an employment lawyer. An experienced employment attorney can explain the legal issues involved and protect your legal rights.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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