Mid-Term Bargaining
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Review the IRS vs. NTEU case:
• What is mid-term bargaining?
• What are the critical elements of the case and why are they critical?
• How would a clause intended to waive the obligation to bargain during the term of the agreement have changed things?
• How would you have ruled in the case and why?
29 FLRA No. 12
Internal Revenue Service, Respondent and National Treasury Employees Union, Charging Party
Case No. 3-CA-20156 (17 FLRA 731)
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Solution Summary
A court case and its verdict on mid-term bargaining is discussed in a structured manner in this response. The related reference is also provided.
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Mid-term bargaining:
When a contract is in force there are negotiations related to contract terms. This may occur before the renewal date of the contract or the re-initiation of the contract. Mid-term bargaining occurs only on new issues or issues, not in the current contract that can be negotiated mid-term (1). The negotiations mid-term occur only if they comply with the restrictions stipulated in the union contracts.
In the case IRS vs. NTEU, the judges held that the Federal employer was obliged to bargain mid-term in good faith imposed by the law. This means it asked the agency to bargain during the mid-term of a collective bargaining agreement on issues that are negotiable concerning matters which are not included in the collective agreement. In this case, the issues addressed in the Union's mid-term proposals were not covered by the parties' collective bargaining agreements. Another condition is that the union should not clearly and unmistakably waive the right to bargain on its mid-term proposals. In other words, unless the union has waived the rights to negotiate mid-term the employer may not bargain on the Union's mid-term proposals.
Critical elements of the case and why they are critical:
The first critical content is that the court interprets the law as an intent of Congress ...
Education
- BSc , University of Calcutta
- MBA, Eastern Institute for Integrated Learning in Management
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