America's Work Force Union Podcast

Getting to the negotiating table is just half the fight

Written by awfblog | April 14, 2023

Joining the America’s Work Force Union Podcast is Joyce Goldstein, Labor Attorney and General Counsel for the International Union of Bricklayers and Allied Craftworkers

Goldstein discussed the difficulties unions face once they get to the negotiating table for a first contract. She outlined some of the labor laws implemented once both sides begin negotiations. First, she discussed a labor law that requires both sides to meet and confer on negotiations at regular intervals. The second labor law she shared was the ability to decertify a unionization vote after one year of negotiations if no agreement was reached.

The requirement for both parties to meet and confer on negotiations does not require both parties to agree, Goldstein said. If one of the two negotiating parties wants to delay any agreement, legally, they could. As long as both parties continue their regular meetings and there’s no external interference, employers can use this to push back any contract agreements, she added.

Finally, Goldstein explained how a unionization vote can be decertified after one year of negotiations without agreement. This has regularly been seen after the previously mentioned delay tactic. The goal is to create a loss of will to continue negotiations, and once they’ve achieved their goal, they can decertify the unionization vote. This is why Goldstein believes in bringing an experienced labor negotiator into negotiations. Without one, earning a first contract becomes difficult.

Listen to the entire episode to learn more.