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The Duty to Bargain in Good Faith

Learn about the parties’ duty to bargain in good faith and the consequences of a failure to reach agreement.


Collective bargaining under the NLRA refers to the mutual obligation of employers and unions to meet at reasonable times and confer in good faith regarding the terms and conditions of employment. 29 U.S.C. § 158(d). Thus, the statute imposes a duty on employers and unions to bargain in good faith.

Section 8(a)(5) declares it a ULP for an employer to refuse to bargain collectively with a union that represents its employees. Correspondingly, under § 8(b)(3), it’s a ULP for a...