Legal Definitions - collective bargaining

Definition: Collective bargaining is the process of negotiation between an employer and a union of workers to create an agreement that will govern the terms and conditions of the workers' employment.

Overview: The result of collective bargaining is a collective agreement. This process is governed by federal and state laws, administrative agencyregulations, and judicial decisions. The National Labor Relations Act (NLRA) is the main body of law governing collective bargaining. It grants employees the right to collectively bargain and join trade unions. The NLRA establishes procedures for the selection of a labor organization to represent a unit of employees in collective bargaining. The act prohibits employers from interfering with this selection. The NLRA requires the employer to bargain with the appointed representative of its employees. State laws further regulate collective bargaining and make collective agreements enforceable under state law.

Examples: An example of collective bargaining is when a union of factory workers negotiates with the factory owner for better wages, working conditions, and benefits. Another example is when a union of teachers negotiates with a school district for better pay, benefits, and working conditions.

Explanation: In both examples, the union and the employer negotiate to create a collective agreement that will govern the terms and conditions of the workers' employment. The NLRA establishes procedures for the selection of a labor organization to represent a unit of employees in collective bargaining. The act prohibits employers from interfering with this selection. The NLRA requires the employer to bargain with the appointed representative of its employees. State laws further regulate collective bargaining and make collective agreements enforceable under state law.