United States labor laws allow employees to form unions and engage in collective bargaining with their employers. There are certain rights and responsibilities given to these employees and their employers must also follow the rules defined in state and federal laws.
However, these laws can be complex and difficult to understand. Some states limit the ability of unions to get to the bargaining table. We recommend that when engaging in collective bargaining, you work with an experienced union attorney. A skilled labor law attorney can ensure that employers follow the correct laws and procedures during union negotiations. They also represent employees if disputes arise within a union.
Labor Laws
Each state has its own laws that define the process and procedures an employer must use when negotiating with unions. These laws must remain in compliance with the federal National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) oversees unions and labor law. Workers in certain industries may not have the right to join a union or organize.
Collective Bargaining in Virginia
Collective bargaining gives employees the power to negotiate as a group, rather than as individuals. A union may negotiate on the workers’ behalf to reach agreements. These could be on issues like promotions, raises, vacation, wages and hours, sick time, and disciplinary rules and procedures. Another concern that unions can address is worker safety or employers’ policies.
How it Works
Unions typically negotiate a CBA, or Collective Bargaining Agreement. This functions as a legally binding contract. It outlines the agreements made between the employees and employer. It also specifies the rules that both parties must follow. CBAs can also include stipulations like how future disputes should be resolved, such as mediation or arbitration.
Union representatives are required to represent employees fairly and equally. They enter negotiations in good faith and must follow certain rules regarding the election of offices, management of union funds, and disclosure of information to the members.
CBAs often provide that employees can only be fired for “cause,” meaning wrongdoing or poor performance. Employees, therefore, can grieve a termination through the union and take the matter to arbitration. This can be a significant protection for employees.
Collective Bargaining and Union Attorney in Virginia
Having a skilled labor law attorney working with your union ensures that employers are held responsible for following all applicable state and federal laws. It also means that bargaining agreements contain the terms that provide for employees’ rights and protection.
If you feel that you are not being treated fairly and equally by a union, or that your employer has violated your collective bargaining rights, you need to speak to an attorney. Contact Cook, Craig, and Francuzenko today.
