Mandatory Bargaining

Holley, Jennings & Wolters states, “mandatory bargaining subjects are subjects that may have a direct effect on bargaining unit member’s wages, hours, or other terms and conditions of employment, including the willingness to meet at reasonable times for the purpose of negotiating and the willingness to reduce oral agreements to writing” (2012, p. 265). For example, when negotiating mandatory subjects of bargaining, it includes negotiating wages, shift differentials, work schedules, paid holidays, paid vacations, and overtime procedures. Therefore, can a union waive it’s right to bargain over a mandatory subject of bargaining (Holley, Jennings & Wolters, 2012).
According to “Management and Union’s Rights”, “a waiver of the right to bargain may be found where a union has notice that an employer intends to implement changes in conditions of employment but fails to request bargaining concerning those changes” (n.d. para 47). For example, one way the union can waive a mandatory subject of bargaining is if they were discussed during negotiations, but not incorporated in a resulting contract, then the waiver would only be found where the union has knowingly yielded its position (“Management and Union’s Rights,” n.d). Therefore, the union is more than unlikely to waiver mandatory subjects of bargaining, because it could have an effect on the
In fact, when an employer negotiates in good faith bargaining with the union, it can be profitable for the company. For example, when mandatory subject of bargaining is done in good faith, then union workers are happy and when their happy it makes them perform better. When workers perform better they tend to be more helpful to customers, and that makes customers spend more money with the