I can’t lose in collective bargaining, right?

The Big Gamble

One of the standard promises of union organizers is better pay and benefits. They try to convince a group of employees that no matter what they have now, it will only get better if they “gang up together” and bargain as one large group. They often tell employees that bargaining starts where you are and only goes up. Unfortunately for the employees, that’s not how collective bargaining works. Here’s what the National Labor Relations Board says: “There is, of course, no obligation on the part of an employer to contract to continue all existing benefits, nor is it an unfair labor practice to offer reduced benefits.” MIDWEST INSTRUMENTS, 133 NLRB. NO 115

In other words, you could lose what you already have. The only thing the union can actually guarantee you is a trip to the bargaining table, where they will sit across the table from the company and ASK for the many things they’ve promised you.

You need to understand that the company will always bargain in good faith, but would never agree to anything that isn’t good for our customers, or good for our business.

There are no guarantees in collective bargaining!

CLICK THIS LINK to download a copy of the Basic Guide to the National Labor Relations Act from the NLRB.

The Dynamics of Bargaining

The truth is that unions have a very specific agenda that protects their business, not the employees. The union agenda consists generally of 1) securing a contract so dues can begin to be collected from employees, and 2) dues check off and union security clause provisions which protect union interests (more about that below). When bargaining begins, the only “chips” the union brings to the table are the benefits you currently have, and the threat of strike.

There are three parties at the bargaining table:

The employees – you bring everything you currently have, ie. wages, benefits, 401(k), company match, incentives
The company – brings the checkbook (or money)
The union – brings nothing to bargain with. The only thing the union has to bargain with or trade, is the employees’ things

The outcome of negotiations is unknown – each of the three parties have things they want in the contract, and will “bargain” to get.

Negotiations could mean less benefits – bargaining is a give and take process.

You will not lose benefits because of union activity. But the outcome of negotiations is uncertain – you could get more, you could get less or you could stay the same (plus pay dues). There is no guarantee you’ll keep what you have now.

“Collective Bargaining is potentially hazardous for employees and as a result of such negotiations, employees could wind up with less benefits after unionization than before.”

COACH & EQUIPMENT SALES CORP., 228 NLRB No. 51

“Employees understand that a union cannot obtain increased benefits just by winning an election, but that benefits must be obtained through collective bargaining.”

BURNS INTERNATIONAL SECURITY SERVICES, 256 NLRB NO. 165

What Really Happens in Union Bargaining?

Much is misunderstood about the bargaining process itself. Employees generally believe, and are often told, that the union will go to the bargaining table with a list of issues important to the employees, and do its best to get the most in relation to those issues. However, what employees don’t know is that the union has an entire list of contract provisions that are important to the union as a business, and have no beneficial impact for the employees. The employees are also unaware that these union institutional issues are far more important to the union than the issues that matter to the employees.