I can’t lose in collective bargaining, right?

The Big Gamble: What Exclusive Representation Really Means

One of the most common promises made by union organizers is that pay and benefits will improve if employees unionize. The message is often: “Join together, and things will get better.” While that sounds appealing, the reality of collective bargaining is far more complex and uncertain.

According to the National Labor Relations Board (NLRB), employers are not legally required to maintain current wages or benefits in negotiations with a union. In fact, the NLRB has stated:

“There is, of course, no obligation on the part of an employer to contract to continue all existing benefits, nor is it an unfair labor practice to offer reduced benefits.”
Midwest Instruments, 133 NLRB No. 115

In other words, there is no guarantee you’ll keep what you already have. The only certainty under union representation is the cost of union dues.

Unions operate with a specific agenda, one that’s not always shared openly during organizing campaigns. That agenda typically includes:

  1. Securing a union contract, which triggers the start of dues collection.
  2. Adding provisions like “dues check-off” and “union security clauses” that protect the union’s financial interests, not necessarily yours.

Remember, a union only wins the right to represent and engage in bargaining. The promises they made are not automatically put into a contract with the company. The company and the union must meet, confer in good faith, and put agreements (if there are any) in writing.

There are no guarantees in collective bargaining!

CLICK THIS LINK to download a copy of the Basic Guide to the National Labor Relations Act from the NLRB.

Who Actually Does the Bargaining?

Typically, before negotiations begin, union representatives will meet with employees and collect a list of desired changes. This list often becomes a “wish list” of what employees hope to see in a contract.

But when bargaining begins, the union, not the employees, controls the process. The union decides what proposals to bring forward, what priorities to focus on, and how far to push. Once elected, the union becomes your exclusive representative, with the legal right to negotiate all terms and conditions of your employment.

What Really Happens at the Bargaining Table?

There are three parties involved in collective bargaining:

  1. Employees – you bring everything you currently have, i.e., wages, benefits, 401(k) plan, bonuses, and incentives.
  2. The Company brings financial resources.
  3. The Union brings nothing to bargain with. The only thing the union has to bargain with or trade is the employees’ things.

Negotiation is a process of give and take. That means outcomes are uncertain. You could end up with more than you have now, less than you have now, or the same as you have now, plus the added cost of dues. There are no guarantees, and no promises can be enforced unless they’re written into a final contract that both sides agree to.

Many employees believe the union will bring their concerns and priorities to the table and fight hard to win those improvements. While that’s often how it’s presented, what employees may not realize is that unions also have their own priorities, many of which are focused on the union’s interests as an organization. These include provisions that may have little or no benefit for the employees but serve to strengthen the union’s position and financial stability.

 

“Collective Bargaining is potentially hazardous for employees and as a result of such negotiations, employees could wind up with less benefits after unionization than before.” 

COACH & EQUIPMENT SALES CORP., 228 NLRB No. 51

“Employees understand that a union cannot obtain increased benefits just by winning an election, but that benefits must be obtained through collective bargaining.” 

BURNS INTERNATIONAL SECURITY SERVICES, 256 NLRB NO. 165

What Really Happens in Union Bargaining?

What former union officials and staff have to say…

What you have now – your bargaining chips:

  • Quarterly COLA Adjustments
  • 401(k) Retirement Plan – Employee match (401k 50% up to 6%), 401K at 90 days
  • Monthly Production Bonus Programs (Airpool/Hitch)
  • Medicare Resources
  • Shift DiUerential
  • Medical, Dental, and Vision Insurance
  • Virtual Care (telehealth/telemedicine)
  • Free Prescription Meds through the clinic
  • Free life insurance
  • Airstream Leave of Absence – FMLA, Military Leave of Absence, Military Family Leave Entitlements, Airstream Disability Plan
  • Over 97% first shift operation
  • Production Schedule – 4 hour Friday
  • Vacation & Personal time (hourly); PTO (salary)
  • 11 Paid Holidays
  • Paid Bereavement
  • Paid Parental Leave & Adoption Assistance
  • Free Onsite Health Clinic
  • Workers Compensation Program
  • Drug Rehabilitation Program
  • Internal Events, Communities, and Leagues
  • Education & Development, Career Pathing
  • Tuition Reimbursement Program
  • Discount Programs
  • Associate Rewards/Recognition, Feedback Opportunities
  • Jury duty pay

 

Who Does The Bargaining?

The union will most likely hold a meeting of the members and ask what they want in the contract. It will likely be a very long “wish list.”

But at the bargaining table, the union does the talking; the union writes up and decides which proposals to make.

You have elected them as your representative to speak on your behalf, and ultimately decide on all the terms and conditions of your employment.