Legal Question in Employment Law in California

Negotiating team bargaining to get their own positions upgrades

The negotiating team of our Association is using the collective bargaining process to have their own positions upgraded. They have already been denied an upgrade thru the process outlined in the adopted contract, so now their using their positions as the negotiating team to get the positions upgraded and have caused the negotiation process to go to impasse. I know this isn't ethical, but is it legal?


Asked on 2/03/02, 4:27 pm

1 Answer from Attorneys

Peter Lareau The Law Offices of Peter Lareau

Re: Negotiating team bargaining to get their own positions upgrades

Probably not, but it may depend on what law governs the collective bargaining process in which you are engaged. Under the National Labor Relations Act, both employers and unions have a legal obligation to engage in "good faith" bargaining. Assuming you have the evidence to establish that your negotiating team is pressing negotiations to impasse for their own self-serving purposes (as opposed to those of the bargaining unit as a whole), you have a viable claim that there has been a breach of the good faith bargaining obligation. An association such as yours (and its individual agents) also normally has a legal obligation to represent all employees whom it represents fairly and without discrimination. This is known as the duty of fair representation. If the individuals you describe are advancing their own interests to the detriment of the other members of the bargaining unit, a strong case may be made that they are breaching the duty of fair representation.

Of course, you will have to have facts to demonstrate the accuracy of your allegations and will have to look at the specific legal obligations that are imposed under the particular labor law that controls.

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Answered on 2/06/02, 4:11 pm


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