How to negotiate terms and conditions with a trade union

Author: Adam Geldman

Summary

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• Be aware of the differences between recognition for collective bargaining purposes and that only for consultation.
• Refer to a procedural agreement for the rules governing the conduct of collective bargaining.
• Take account of the statutory arrangements for paid time off for trade union representatives.
• Be aware of the obligation to provide relevant information to trade union representatives prior to conducting negotiations.
• Remember that the aim of collective bargaining is to secure a mutually acceptable agreement.
• Keep lines of communication open with union representatives throughout negotiations.
• Consider establishing a joint management/union working party outside of the formal bargaining arena when complex issues need to be addressed.
• Be aware that union representatives usually have to take an offer back to members before it can be formally agreed.
• Once agreement is reached, communicate changes in writing to all employees.
• Should an agreement not be possible and a dispute declared, carefully weigh up the options, including independent third-party conciliation and/or arbitration.