subjects of bargaining

✅ Ask Us: "What are mandatory v. permissible subjects of bargaining?" sent in by Mai G. ER LR in a large warehousing business.

An excerpt from “Anticipate!” ©️written by Thornton Mason.

"In labor contract negotiations there are two categories of bargaining subjects: mandatory and permissible. (Arguably there is a third - illegal subjects.)

Mandatory subjects of bargaining refer to issues that the employer is required by law to negotiate in good faith with the union. These typically include wages, hours, and working conditions. The employer may not unilaterally change these terms and conditions of employment without first negotiating with the union.

Permissible subjects of bargaining refer to issues that are not required by law to be negotiated, but are often included in collective bargaining agreements. These may include areas such as union security clauses, job security, employee benefits, training and development programs, and workplace policies.

The distinction between mandatory and permissible subjects of bargaining is important because employers have a legal obligation to negotiate in good faith over mandatory subjects, whereas negotiations over permissible subjects are typically voluntary.

In addition, if an employer refuses to negotiate over a mandatory subject of bargaining, it may be found to have committed an unfair labor practice, which can result in legal penalties and liability."

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