A collective bargaining agreement (CBA) is a legally binding contract between an employer and a labor union representing a group of employees. This agreement outlines the terms and conditions of employment for those employees, covering a wide range of issues from wages and benefits to working conditions and job security. Essentially, it’s a negotiated settlement that aims to create a stable and predictable working environment for both parties.
Through their unions, working individuals negotiate contracts with their employers to define their employment conditions through collective bargaining. This encompasses various elements, including compensation, benefits, work hours, vacation time, health and safety regulations in the workplace, strategies for balancing work and personal life, and other relevant considerations. Collective bargaining serves as a mechanism for resolving issues within the workplace. Furthermore, it stands as the most effective approach to increasing salaries across the nation. Indeed, through collective bargaining, unionized workers typically enjoy higher earnings, enhanced benefits packages, and safer working environments.
In the United States, a significant portion of the workforce has the right to engage in collective bargaining. This right is not universal, but it’s protected by law for many. Roughly three-quarters of private-sector workers and two-thirds of public employees have the legal right to collective bargaining. This right was established through a series of legislative acts. The Railway Labor Act of 1926 initially granted collective bargaining rights to railroad workers and has since expanded to cover numerous transportation workers, including those in the airline industry. The National Labor Relations Act (NLRA) of 1935 further solidified these rights for most other private-sector employees, declaring collective bargaining as a fundamental “policy of the United States.” International human rights conventions also recognize the right to collective bargaining.
The NLRA plays a crucial role in defining unfair labor practices for both employers and unions. Employers, for example, cannot refuse to bargain in good faith with a union that represents their employees. Similarly, unions must also bargain in good faith and cannot engage in coercive tactics during negotiations.
The freedom to form and join a union is a core tenet of the U.N. Universal Declaration on Human Rights. It’s considered an “enabling” right, meaning a fundamental right that ensures the ability to protect other rights. Without the ability to organize and bargain collectively, workers would be at a significant disadvantage in negotiating fair terms of employment.
Each year, millions of American workers engage in the process of negotiating or renegotiating their collective bargaining agreements. These negotiations can be complex and challenging, requiring both the employer and the union to come to the table willing to compromise and find common ground. A successful negotiation leads to a contract that benefits both parties, ensuring fair treatment for employees and a stable workforce for the employer.
However, some employers attempt to undermine existing bargaining relationships and retract previously agreed-upon contract terms and conditions. Unions continue to advocate for the inherent rights of working individuals and seek to restore balance to the economic power dynamic within the country through collective bargaining agreements. They serve as a crucial mechanism for ensuring fair wages, safe working conditions, and a voice for workers in the decisions that affect their lives. The ongoing struggle to protect and strengthen collective bargaining rights remains vital for the well-being of the American workforce.
