Legal Definitions - good-faith bargaining

Good-faith bargaining is a process in labor law where an employer and a representative of employees, usually a union, negotiate with each other to reach an agreement. Both parties must meet and confer at reasonable times with open minds and a willingness to compromise.

The National Labor Relations Act requires good-faith bargaining, and failure to bargain in good faith is considered an unfair labor practice.

An unfair labor practice is any conduct prohibited by state or federal law that governs the relations among employers, employees, and labor organizations.

Examples of unfair labor practices by an employer include:

• Interfering with protected employee rights, such as the right to self-organization
• Discriminating against employees for union-related activities
• Retaliating against employees who have invoked their rights
• Refusing to engage in collective bargaining

Examples of unfair labor practices by a labor organization include:

• Causing an employer to discriminate against an employee
• Engaging in an illegal strike or boycott
• Causing an employer to pay for work not to be performed (i.e., featherbedding)
• Refusing to engage in collective bargaining

These examples illustrate how both employers and labor organizations can engage in unfair labor practices that violate the rights of employees and hinder the bargaining process.