Legal Question in Employment Law in California

If the employer does not agree to the union's contract, how long can the negotiation take place, if the employer won't budge, is there a required time (legal or regulation requirement) frame as to when the employer has to, or is required to sign the latest presented contract? Or are there no legal time limits for the employer to be required to sign?


Asked on 11/07/12, 4:40 pm

2 Answers from Attorneys

Really? You really think that if the employer and union can't reach agreement, that the union can just present a contract proposal and the employer has to sign it within a certain time? Really? Why can't the employer just present a contract and the union would be required to approve it?

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Answered on 11/07/12, 5:10 pm
Terry A. Nelson Nelson & Lawless

In addition to agreeing with Mr. McCormick's response, I'd have to advise you to go to the local Law Library and start reading and getting a start on a law school education on the massive body of law and legal decisions on NLRB rules and procedures governing union conduct. Specialized lawyers make a good living advising employers and unions how to interpret the complex and contradictory language that makes up the maze that courts and legislators have created.

Bottom line, if the parties can't agree, the union can strike and financial bankrupt itself and its members, and the company can lock out the union and hire non union replacements.

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Answered on 11/07/12, 5:30 pm


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