Collective Bargaining

At Transcendent, we understand that navigating the collective bargaining process can be daunting. We work hard to protect management rights while fostering productive relationships between employers and employees. Our goal is to make the process as less adversarial as possible while protecting the employer’s abilities to manage as necessary. We pride ourselves in bargaining in such a way that makes a place to reach common ground and foster a productive working environment.

At Transcendent Law Group, we specialize in representing employers throughout the collective bargaining process. With extensive experience across multiple industries, we provide guidance on creating, negotiating, and managing collective bargaining agreements that align with your company’s needs while adhering to legal standards.

Collective bargaining helps employers and union employees to negotiate and compromise. Our collective bargaining services include:

Negotiating union contracts and collective bargaining agreements.
Responding to and preparing for work stoppages.
Responding to and arbitrating grievances, and inquiries, and settling disputes.
Developing strategies for union avoidance.

Contact us today to learn more about how we can support your organization’s needs and ensure a safe, compliant workplace.

What Is Collective Bargaining?

Collective bargaining is the formal negotiation process between employers and employees represented by a union. This negotiation typically covers wages, benefits, working conditions, and other employment-related matters. Collective bargaining agreements serve as binding contracts that outline the terms both parties must adhere to, ensuring clarity and stability in the workplace.

collective bargaining statistic

Employees’ ability to form unions and engage in collective bargaining for fair working conditions is governed by the National Labor Relations Act and by individual state legislation. It is important for employers to work with their union employees to maintain a compliant and respectful workplace.

Common issues addressed through collective bargaining include:

Wages and salary increases
Health insurance and retirement benefits
Work hours, overtime, and paid leave
Job security and layoffs
Grievance procedures and dispute resolution

Well-structured collective bargaining negotiations not only help to prevent conflicts but also fosters a more positive and collaborative work environment.

Collective Bargaining in Louisiana

collective bargaining wage and salary statistic

In Louisiana, private-sector labor relations fall under the National Labor Relations Act (NLRA). That grants employees the right to form unions and engage in collective bargaining. Louisiana law supports employees’ rights to unionize and collectively bargain with their employers. However, it does not allow the state to require private employers to adopt unions.

Additionally, Louisiana is a “right to work” state. This means employees cannot be forced to join a union as a condition of employment. State law further protects employees from retaliation if they participate in the enforcement of labor laws, ensuring their rights are upheld in various workplace settings.

Labor laws in Louisiana are often up for debate in the state legislature therefore it’s crucial to consult a skilled and experienced collective bargaining attorney when questions about collective bargaining arise in your business.

Our Collective Bargaining Process

At Transcendent Law Group, we take a comprehensive and strategic approach to collective bargaining. We work closely with employers to ensure the process is smooth, efficient, and aligned with their organizational objectives. Over 14 million Americans are part of a union, according to the Bureau of Labor Statistics, or around 10% of the workforce. As unions gain popularity, it’s important to be prepared. collective bargaining steps

1. Initial Consultation and Planning

We begin by reviewing the employer/employee landscape and reviewing any existing collective bargaining agreements and analyzing past grievances or arbitration decisions. This ensures we understand the current situation and can develop a tailored strategy for negotiations.

2. Strategy Development

Our team collaborates with your leadership to create proposals that support your business goals while maintaining compliance with labor laws. We carefully assess industry trends, legal updates, and other relevant factors to position you for successful negotiations.

3. Negotiation

Depending on your needs, we can serve as advisors behind the scenes or actively represent your business at the bargaining table. Our attorneys are skilled negotiators who ensure that your interests are protected throughout the process, and we work toward achieving agreements that benefit both your organization and your employees.

We’ve successfully negotiated on complex issues like merit-based pay, employee drug testing, health plan changes, and insurance premium splits. We’ve also tackled eliminating “past practice” clauses and adding Management Rights provisions. When parties can’t reach an agreement, our attorneys have mediated bargaining agreements and handled arbitrations to resolve disputes.

4. Agreement Implementation and Management

Once a collective bargaining agreement is reached, our work doesn’t stop. After many successful collective bargaining negotiations, we have found that a proactive approach to contract administration works best. We assist in managing the agreement by advising on grievance handling, arbitration, and contract interpretation. We also provide training to your management team to ensure they understand their responsibilities under the new terms.

5. Post-Agreement Support

Collective bargaining agreements often last several years, but unexpected issues can arise during the term (such as the COVID-19 pandemic). Our attorneys remain available to help resolve disputes, amend agreements when necessary, and ensure ongoing compliance with evolving labor laws. Additionally, we can also produce “side letters” that memorialize any agreed-upon short-term waivers or modifications of the bargaining agreement.

Benefits of Collective Bargaining with Legal Assistance

Engaging in the collective bargaining process with the proper legal guidance offers several benefits for both employers and employees:

Clarity and Stability: A well-drafted agreement provides clear guidelines for wages, benefits, and working conditions, reducing misunderstandings and disputes.
Improved Employee Relations: A solid Collective bargaining Agreement establishes clear guidelines for all parties and can foster a culture of trust and collaboration.
Legal Protection: By negotiating fair agreements with legal representation, employers can avoid costly legal disputes and ensure compliance with federal and state labor regulations.
Productivity: A stable and satisfied workforce is more productive, reducing turnover and absenteeism.

At Transcendent Law Group, we are committed to helping businesses successfully navigate the complexities of collective bargaining. Whether you are negotiating a new agreement or managing an existing one, we provide the expertise and support you need to achieve your goals.

Contact Us Today

If your organization is preparing for collective bargaining or needs assistance managing an existing agreement, Transcendent Law Group is here to help. Contact us today to ensure a smooth, compliant, and effective negotiation process.

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Transcendent Law Group

Transcendent Law Group serves the Gulf South Region (Louisiana and Texas) providing legal expertise in litigation, education, and as the outside general counsel for small to medium-sized companies with flexible billing arrangements.