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OVERVIEW:  COLLECTIVE BARGAINING CONTRACTS

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Contact Outline

While there is a general structure for contracts, there can be considerable variation in the terms.

Much of what we in North Carolina find in statutes, or regulations or policies that devolve from statutes, comprise the content of contracts in other states.  The legislatures of other states set broad guidelines in statute.  The various agencies and departments of government negotiate contracts suitable to current circumstances and local conditions.  This creates a system that is more adaptable.

Employees are able to participate on a more nearly equal footing with management.  Employee concerns receive real attention and consideration.

The contract is a legally enforceable document and cannot be changed without the agreement of both parties for the term of the contract.

Once a basic contract is negotiated, most of it carries forward to the next negotiation.  The emphasis in most negotiations, of course, is on improvement in wages and benefits.

  OUTLINE OF COLLECTIVE BARGAINING CONTRACTS

(Italicized items are commonly found in contracts but are not necessarily standard features.)

1.  The Parties to the Agreement and the Time Frame (usually 2 or 3 years)

2.      Bargaining Unit Defined (sizes vary considerably)

3.      Bargaining Agent Recognized as Exclusive Agent

4.      Rights of the Parties

  1. Joint rights
  2. Management rights
  3. Association or union rights (right to grieve breaches of contract)

i.          number of stewards

ii.                   use of facilities for meetings

iii.                 use of bulletin boards

5.      Dues Checkoff

  1. Procedures for
  2. Fair Share fees
  3. PAC fees

6.      Grievance Procedure

  1. Initial Steps, including association or union representation
  2. Mediation
  3. Arbitration
  4. Group grievances allowed
  5. Corrective action only for “Just Cause”

7.      Seniority

  1. Bargaining unit seniority
  2. Overall service seniority
  3. Seniority in job class

8.      Hours of Work and Overtime

  1. Defines a work week
  2. Defines leave time that can be counted in work week
  3. Defines overtime payment (amount and as cash or comp time)
  4. Seniority used to make rotating offers for overtime
  5. On-call pay
  6. Call-back pay

9.      Leave

  1. Holidays
  2. Vacation leave (accrual rate)
  3. Sick leave  (accrual rate and conversion to vacation)
  4. Leave donation program or bank
  5. Jury or court leave
  6. Military leave
  7. Family leave
  8. Medical leave
  9. Education leave
  10. Time off to vote

10.  Hiring, Promotions, and Transfers

  1. General procedures
  2. Extent to which seniority applies in hiring
  3. Promotion and transfer opportunities, usually to most senior first

11.  Layoffs and Call Backs

  1. Layoff usually by least senior first
  2. Bumping procedures
  3. Recall by most senior first

12.  Job classification review

  1. Procedures for review
  2. Procedures for appeal of review
  3. Joint union/association review of specific job classes

13.  Performance evaluations

  1. Procedure
  2. Procedure for appeal

14.  Working Conditions

  1. Rest periods
  2. Meal periods
  3. Clean-up time
  4. Uniforms
  5. Safety equipment/procedures
  6. Parking
  7. Emergency closing procedures

15.  Contracting out

  1. Conditions under which acceptable
  2. Review procedures for

16.  Benefits

  1. Health plan
  2. Vision plan
  3. Dental plan
  4. Retirement contribution
  5. Life insurance
  6. Accidental Death/Dismemberment (Disability) insurance
  7. Education reimbursements (or free tuition)

17.  Participation on committees (not usually a separate section)

  1. Benefits committee
  2. Joint labor/management committee
  3. Employee Assistance committee
  4. Career Development committee
  5. Child/Elder care committee

18.  Savings clause  (whole contract not invalid if portion nullified by state or federal law)

19.  No strike, lockout, work stoppage, slowdown

20.  Next negotiation

  1. When begins
  2. Rules for extension of current contract until completed

21.  Wage increases

a.  Increments for each year of contract

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This page last modified April 16, 2004.