Ask a Union Organizer: What should we expect from bargaining?

I know bargaining is part of the unionization process, but I don’t understand what that means. What does it involve? What’s the process? We are new to unionizing and trying to figure out what to expect. — Wondering Worker

Dear Wondering Worker,

That’s a great question! Bargaining is the term unions use when they are negotiating the wages and working conditions contractually outlined in a Collective Bargaining Agreement (CBA). With a union, nobody personally negotiates for individual working conditions--workers only Collectively Bargain. 

When you form your union, and every two or three years after that, you’ll get an opportunity to negotiate with your boss about your wages and working conditions. A ton of late-night research, practice, and preparation culminates during a series of workers vs. management negotiation sessions that aim to change the employment contract. 

Bargaining looks like people sitting on opposite sides of a table discussing the terms of a contract. The Bargaining Team is the debate club of union leadership roles. 

Bargaining is not a very complicated process, just a very formal one, often riddled with legalese. Because the labor movement is very decentralized, the process can vary a lot depending on which union you join. A proposed contract—or contract changes—are submitted. Sometimes, the contract changes are submitted by the workers, but sometimes the boss takes a first-jab at the negotiation process. A review is conducted by the opposing bargaining team and a rebuttal to the draft is formulated. Then, there’s a chance to respond again. So it goes, back and forth until an agreement about the contract’s terms can be reached. 

This process can take place over several months, or even years. Even good-faith* negotiations take a long time to hammer out the many details of a collective bargaining agreement. Once the bargaining team reaches either a point of satisfaction with the proposed contract or utter frustration about their face-to-face negotiations with management, they put it to a vote.

Members of the entire bargaining unit, not just the bargaining team, vote on the new contract before it is accepted. If no agreement can be reached, the union may vote to strike or walk-out instead.

Your union should help you when it’s time to revise your contract, including support from a Business Agent (BA), which is the contract writer and negotiator. They have a wealth of information about what works and what doesn't—but they may not have the same priorities that your members do. Do not let your Business Agent tell you what you want. The Business Agent’s job is not to tell you what your contract should look like; their job is to figure out how to make your ideas work.

Successful bargaining requires feisty members on the team. Good bargaining requires a lot of savvy research, a convincing blend of pressure and persuasion, and an understanding of how different small changes to your contract work to support your long-term goals.

Contract negotiations don’t always include a total upheaval of the previous contract or dramatic walk-outs and strikes. Most often, bargaining focuses on language revisions to clauses. It might be something like not requiring employees to sign NDAs upon departure or just finally explaining to your boss why we should commemorate Indigenous People’s Day instead of Columbus Day.  

Of course, proposed contract changes could be something that’s desperately needed for this unique moment--like establishing a ‘results-only work environment’ for parents who are managing their child’s distance learning, improving the employer-provided PPE, or officially adjusting policies about sick leave and working from home.

What contract changes you ask for depends on a lot of factors: what the workers want, how much grant money your organization has received this quarter, or the current political climate, for example. If your employer claims they “can’t afford” your demands, the bargaining team gets a chance to look at the company’s books to see how much is in the coffers and how the money is spent. It’s simply a business negotiation; it doesn’t have to get emotional.

What you’re aiming for is called ratification—when a vote of union members approves the same contract that’s been accepted by management.

As a brand-new union negotiating for your first contract, this period between union recognition and first-contract ratification is a vulnerable time for workers. Organizations often restructure positions to eliminate the strongest members of the bargaining team or to drastically reduce the number of members left in your bargaining unit. So, if you’re bargaining to ratify your first contract, I suggest that you do not worry about getting everything you want right away. Getting your first contract signed as quickly as possible means job security. 

Most collective bargaining agreements get better with each bargaining opportunity. The best contracts did not start that way. Unions with the best contracts have negotiated and made small gains over decades of bargaining. 

Getting the contract signed is the most important first win. Getting the contract signed means there will be time to negotiate for more wins in the future.

Once your first contract is ratified, you can immediately turn your eyes forward to your next chance at negotiations. You’ll probably hear your business agent say: “you’re always bargaining” (it’s something business agents say a lot!) And it’s true, the most successful unions are always researching and thinking critically about leverage and language, and always gearing up for their next opportunity to change their contract for the better one clause at a time.

* When you negotiate in good faith, both parties share an understanding that compromise and cooperation between “us and them” will be necessary for the organization’s mission to be successful. Good-Faith Negotiators are common in healthcare, public service, and government or municipality administration jobs.