If it is not possible to reach an agreement in good faith, the employer can declare the impasse and then implement the union`s latest offer. However, the union cannot accept that a real impasse has been reached and present an unfair labour practice because of the absence of good faith bargaining. The NLRB will determine, on the basis of the history of the negotiations and the understanding of both sides, whether a real impasse has been reached. After workers have chosen to negotiate a union, the employer and the union must meet at appropriate times to negotiate wages, hours, holidays, insurance, safety practices and other mandatory matters in good faith. Some management decisions, such as outsourcing, relocations and other company changes, may not be mandatory bargaining partners, but the employer must negotiate the impact of the decision on the unit`s employees. Twenty-seven states have banned union security agreements by enacting so-called “right to work” laws. In these countries, it is up to every worker in the workplace to join the union or not, while all workers are protected by the collective agreement negotiated by the union. A union contract is also called a collective agreement. The union contract negotiation process consists of two committees – one that represents the interests of union members and the other that represents the interests of management. The union committee usually consists of the local president of the union, a union representative and a union administrator. The Employers` Committee may be composed of the head of the human resources department or the president of the company, as well as a lawyer who is fully qualified in labour and labour law. Small businesses can count on the assistance of a lawyer to negotiate.
Collective bargaining is the term used to describe the negotiation process used specifically for trade union or collective agreements. Workers are not required to join a union in a given workplace. Nevertheless, most industries, with an average union training of 70%, are subject to a collective agreement. An agreement does not prohibit higher wages and better benefits, but sets a legal minimum, much like a minimum wage.