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Subjects of Bargaining

Learn about mandatory, permissive, and prohibited bargaining subjects and the legal significance of these categories.

Transcript

The NLRA requires unions and employers to bargain in good faith regarding “wages, hours, and other terms and conditions of employment.” 29 U.S.C. § 158(d).

I. Mandatory, Permissive, and Prohibited Bargaining Subjects

The three categories of bargaining subjects are mandatory, permissive, and prohibited.

Suppose that, following an increase in workplace accidents, an employer unilaterally implemented a new rule requiring mandatory drug and alcohol testing for any employee who experienced an...

Lessons

1. Welcome
  • Welcome to Labor Law
2. Labor Law Foundations
3. Union Representation and Recognition
4. Collective Bargaining
5. Economic Weapons
  • Strikes
  • Strike-Related ULPs
  • Lockouts
  • Secondary Activity I
  • Secondary Activity II
  • Consumer Picketing and Handbilling
6. Representation and Contract Administration
  • The Duty of Fair Representation
  • Union-Security Agreements
  • Grievance Arbitration and Contract Enforcement I
  • Grievance Arbitration and Contract Enforcement II
7. Successorship, Preemption, and Antitrust
  • Successorship
  • Preemption
  • Antitrust