Is it normal to submit proposal to employer BEFORE first negotiation meeting?

[frustrated_3]

What is the name of your state (only U.S. law)? New Jersey

Hi all,

I've posted a few questions before and am STILL trying to get an appropriate proposal to go into negotiations with. The union brought in a lawyer to write the proposed contract. I submitted what we were looking for and was told it would be done in a week. Five weeks later I got the contract and it was missing major points. Very basic things, like civil service titles, were left out. I was at a loss. It's been a year and a half since we started and I don't feel any closer. I certainly don't feel like the union cares about our employees. We've lost half the staff in the past year due to all the changes the employer made while the union took their time getting this together.

Sorry for the rant. My question is: Is it normal for the lawyer/union rep to submit the proposed contract to the employer before we sit at the table to negotiate? I feel like it's giving them an unfair advantage.

Also, can the employer make changes to working policies (pay, hours, holidays, sick time, etc) during this process? (we have not been to the negotiating table yet) I've asked our Union rep and lawyer that question and they ignore me...repeatedly.

Thanks for any help. I am the sole employee left on the team and I'm just about at my limit.

frustrated_3

 

[justalayman]

Sorry for the rant. My question is: Is it normal for the lawyer/union rep to submit the proposed contract to the employer before we sit at the table to negotiate? I feel like it's giving them an unfair advantage.


How can you negotiate something if they have just recieved it? There are often investigations of how any issue will affect the other party. If there are and they have not had time to research the matter, all that will happen at the negotiation is they telling you they need to research the matter. They cannot provide a counter to anything in the contract unless they know what is in the proposed contract. It also allows them to create questions or be prepared to seek clarification on anything in the proposal.

The contract should not have been presented to the other side without the union side reviewing it and approving it first though. You obviously need to read it and change whatever is not correct before presenting it to the other side.


Yes, the employer can act like an employer not bound by a contract if they are not bound by a contract unless the actions are specifically seen as anti-union activities.

I understand your frustration. This should not take as long as it has. It should not be as difficult as it has been.

I would also caution you being the only member of the negotiating committee. There a lot of problems with that. It becomes you against the company and if any of the union members are not happy with the outcome, you get blamed.

 

[cbg]

Is this a new union coming in or an existing union renewing a contract?

Who, besides you, is doing the negotiating?

 

[frustrated_3]

Sorry for the rant. My question is: Is it normal for the lawyer/union rep to submit the proposed contract to the employer before we sit at the table to negotiate? I feel like it's giving them an unfair advantage.

justalayman, thanks for your reply. The lawyer did explain why we would give them a copy before meeting. Much the same reason as you said. I do understand the reasoning, I'm just not trusting the union itself at this point so I'm questioning everything.

I am concerned about being the only person on the team at this point but I've asked and no one will step forward to help. We are a very small bargaining unit (we might be down to 15 people from 25) and getting smaller by the month as everyone leaves. I have one possible person but I have a feeling she'll never has the time when the negotiations are actually scheduled. Most of the staff is now new and I doubt they will want to join in negotiations for fear of "looking bad". Little do they know, we haven't had raises in six years and just had some benefits pulled away with more cuts to come.

I am beginning to consider just giving up since it seems like no one cares.

There are also rumblings that we are not receiving raises this year because of the possible union, which puts me in a bad place.

Thanks again,

frustrated 3

 

[justalayman]

Is this a new union coming in or an existing union renewing a contract?

Who, besides you, is doing the negotiating?

Frustrated 3 has another thread but it's a new union (moving from non-Union to union) and have not negotiated the first contract yet

There was a negotiating committee (3 members if I recall correctly) but it has been reduced to a single member- our OP

 

[cbg]

Thanks, I didn't see the first thread.

I'm not likely to be of much help in that case. Renewing existing contracts I have some experience with; negotiating the first one I don't. Back over to you.

 

[frustrated_3]

Frustrated 3 has another thread but it's a new union (moving from non-Union to union) and have not negotiated the first contract yet

There was a negotiating committee (3 members if I recall correctly) but it has been reduced to a single member- our OP

Yes, that's correct. Three down to one and it is a new contract which should have been fairly simple and is now just a mess.

frustrated3