what is considered a change in fmla policy that would have to be bargained

by Dominick Carnicella

Employers with unionized employees must be aware of what can be unilaterally changed and what's required to be negotiated prior to changing unionized employees' terms and conditions of employment.

Mandatory Subjects of Bargaining . Employers should know that the employee handbook, or other work rules or policies, may not alter certain terms that an employer must bargain over with the union. These terms are called "mandatory subjects of bargaining", and generally include provisions relating to "wages, hours, and other conditions of employment". For example, the following list includes simply some of the provisions that have been plant to accept been mandatory subjects of bargaining:

1.  application forms;
2.  attendance and absence policies;
3.  bonuses as wages;
4.  disciplinary system;
v.  bigotry;
6.  drug testing of employees;
7.  ethics codes;
8.  grievance procedures;
9.  holidays;
10.  job security;
11.  jury duty;
12.  layoffs;
13.  meals;
xiv.  medical insurance;
15.  off-duty conduct;
16.  outside employment;
17.  pension and retirement plans;
18.  promotions;
19.  reinstatement;
twenty.  savings plan;
21.  seniority;
22.  severance pay;
23.  sick get out;
24.  smoking;
25.  social events;
26.  stock plans;
27.  transfers;
28.  union activity on company belongings;
29.  vacation;
30.  wages and other pay;
31.  work assignments;
32.  piece of work-related injuries;
33.  work rules.
34.  AND MORE . . .

Essentially, if a rule or policy tin can reasonably exist expected to affect a benefit or impose a burden on an employee, it is a matter that must be raised in collective bargaining, and cannot be unilaterally altered by the employer.

Mid-term Bargaining . If either the employer or the union wishes to alter a mandatory subject area of bargaining during the constructive term of the collective bargaining agreement ("CBA"), neither may do so unilaterally. If both parties concord, they may enter into a memorandum of agreement ("MOU") containing the new negotiated term, which would exist constructive until the adoption of a new CBA. However, if it's agreed to reopen portions of the contract for negotiations, the parties must bargain as you would when in that location is no contract in place. This means that you may implement your proposals if the parties accept reached impasse or impose a lockout, and the marriage can strike. For problems that may be expected to change significantly during the term of a CBA, such every bit wellness insurance contributions, the parties may wish to negotiate a "reopener" clause with respect to those specific issues, which would automatically impose a bargaining obligation upon the occurrence of certain pre-defined events, such equally the passage of two years, or the employer'due south health care premium increase in excess of a predetermined percentage from 1 year to the side by side.

Effects Bargaining . If a particular business decision is being considered, and information technology'south either not a mandatory subject of bargaining or it is within the scope of permissible unilateral activity (as defined inside a CBA'south "management rights clause"), you may still have an obligation to bargain over the outcome of that decision on the bargaining unit of measurement employees. Such decisions volition typically include:

a.   full institute closings, liquidations, and relocations;
b.   sales of businesses and mergers;
c.   plant modernization;
d.   plant openings;
eastward.   changes to work schedules; and
f.   loss of work / layoffs

The "furnishings" over which you must bargain would exist items such as:

a.   severance pay;
b.   payments into the alimony fund;
c.   preferential hiring if the employer continues operating at other plants;
d.   reference letters with respect to other jobs; and
eastward.   health insurance, pension benefits and retraining funds.

Effects bargaining must be conducted in a meaningful style and at a meaningful time. The National Labor Relations Board (NLRB), hearing an unfair labor practice charge arising out of an employer'southward refusal to bargain, will consider factors such equally the gamble of significant fiscal loss to the employer, concealment, misrepresentations, the length of fourth dimension between the decision and the detect, the sufficiency of effects bargaining that had occurred, and anti-union animus.

Management Rights. Most CBAs contain a "direction rights clause", the purpose of which is to leave matters not specified in the contract to be determined past the employer. Thus, if you're contemplating a change to your business organisation operations that is not susceptible to effects bargaining and not counter to whatever specific language in the CBA, you'll want to check to come across if it is a right that has been allotted to management in your CBA's management rights clause. For example, even though implementation of a drug testing programme would ordinarily be viewed as a mandatory subject area of bargaining, if a direction rights clause specifies circumstances nether which the employer may insist on drug testing, the employer is complimentary to act unilaterally within the scope divers by that management rights provision.

If yous have whatsoever questions or need assistance or guidance on mandatory subjects of bargaining, contract negotiations, responding to union grievances, representation for arbitration, PLRB, PERB, NLRB hearings and in Pennsylvania or Federal Courts at trial and appellate levels, please attain out to the states at (724) 864-8745 or at HRhelpline@eastcoastrm.com.

Disclaimer: The information provided on this web site is for informational purposes simply and non for the purpose of providing legal advice. Apply of and access to this web site does non create an attorney-customer relationship betwixt East Declension Run a risk Management or our employment attorney and the user or browser.

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