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Tip Tuesday: Proper Note-taking During Collective Bargaining

Note-taking must be a priority during collective bargaining. It is vital to not only help you remember what was discussed at each session but, more importantly, to provide a written record if a disagreement comes up later during negotiations, or after a tentative agreement is reached, or even well after the contract is ratified.

Post-Negotiations Checklist

Reaching a tentative agreement (TA) after any contract negotiations is a rewarding experience, but it leads to a series of further actions to bring the TA to a successful employee ratification:

Tip Tuesday: Planning Ahead for Employee Investigations

1.) Who will conduct the investigation? 

– Any issue involving discrimination, harassment, retaliation, etc. may need to involve human resources and/or legal 

2.) Who will need to be interviewed? 

3.) In what order will they be interviewed?

4.) Do the employees have the right to have a union rep or co-worker present during the investigation?

5.) Are there documents or video that needs to be reviewed? 

 – If yes, have security preserve it ASAP 

6.) Best practice is to have two managers conduct interviews together 

Tip Tuesday: Seven Tests of Just Cause under the NLRA

In 1966, arbitrator Carroll Daugherty developed “seven tests of just cause” to determine whether a fair and reasonable disciplinary investigation took place prior to the assessment of discipline. How can employers make sure that they have conducted a fair and reasonable investigation, and pass the “seven tests” in a disciplinary arbitration case? Below are some questions for employers:

Tip Tuesday: Benchmarking How Competitors Compensate Employees

Benchmarking how competitors compensate their employees is an important tool when engaged in collective bargaining. How can you make sure you are conducting an “apples-to-apples” comparison? You need to identify a comparable group of companies in your industry.  Here are some important benchmarks:

Tip Tuedsay: Labor Due Diligence in a M&A

  • When engaged in due diligence in a merger and acquisition where there are unionized employees, don't forget to:
  • Review all collective bargaining agreements, letters of agreement, and memorandums of understanding;
  • Obtain a list of all open grievances, pending arbitrations, litigation involving unions, and cases awaiting decisions;
  • Understand the issues with all open grievances, arbitrations, litigation, including potential financial liability; and
  • Meet, if possible with labor leaders so you have a better understanding of their issues and concerns.

Tip Tuesday: Bargaining Prep

If you want to win negotiations, preparation is KEY.

Quid Pro Quo vs. Hostile Work Environment

There are two main types of workplace sexual harassment. As an employer, it is important to recognize and understand both.

Workplace Sexual Harassment Generally Falls Under Two Categories: 

Quid Pro Quo Harassment

Tip Tuesday: Assessing Discipline

  • Except in cases of extreme misconduct, the purpose of discipline is to correct behavior.

Tip Tuesday: Tips for Arbitration Witnesses

Witnesses can be key in winning or losing an arbitration. It is important for witnesses to remember the following tips: