What's Market Collective Bargaining Agreements Database: Overview | Practical Law

What's Market Collective Bargaining Agreements Database: Overview | Practical Law

A Practice Note providing an overview of the What’s Market database for collective bargaining agreements (CBAs). The searchable database contains analysis of a sampling of publicly available CBAs between parties governed by the National Labor Relations Act (NLRA). The What's Market comparison tool permits users to generate custom comparison reports of key terms in CBAs from an array of employers, unions, industries, and locations.

What's Market Collective Bargaining Agreements Database: Overview

Practical Law Practice Note Overview 0-618-7751 (Approx. 20 pages)

What's Market Collective Bargaining Agreements Database: Overview

by Practical Law Labor & Employment
Maintained • USA (National/Federal)
A Practice Note providing an overview of the What’s Market database for collective bargaining agreements (CBAs). The searchable database contains analysis of a sampling of publicly available CBAs between parties governed by the National Labor Relations Act (NLRA). The What's Market comparison tool permits users to generate custom comparison reports of key terms in CBAs from an array of employers, unions, industries, and locations.
Collective bargaining is the process through which an employer (or group of employers) and a group of employees (usually represented by a union) negotiate to set those employees' employment terms and conditions. Those negotiations result in a collective bargaining agreement (CBA).
This Note explains:
  • How to access summaries of each CBA.
  • The CBA provisions and terms analyzed in each What's Market CBA summary.
  • The types of information analyzed in a selection of key fields from the What's Market CBA summaries.
  • How to run comparisons of CBA summaries to compare key CBA terms of many CBAs at once.

What is in the Database?

The What's Market Collective Bargaining Agreements Database contains summaries of publicly available CBAs governed by the National Labor Relations Act (NLRA), covering a diverse group of industry sectors, employers, unions, and locations.
Each CBA summary contains a short synopsis of the key negotiated clauses contained in its respective CBA. The summaries are designed to provide enough information to help determine if the clause is relevant or helpful in your research and permit substantive comparisons of CBAs using the What's Market comparison tool. The summaries have links to the underlying CBAs to permit inspection of the specific language parties used in the summarized CBA clauses.

How to Access the CBAs

The What's Market Collective Bargaining Agreements database may be accessed in multiple ways. Once users use one of those access points, they can review:
  • An individual CBA summary for a holistic review of a user-selected CBA.
  • Charts for side-by-side comparisons of user-selected provisions from user-selected CBAs.

Access and Review

The What's Market Collective Bargaining Agreements Database is accessible through the Labor & Employment topic page or the What's Market landing page. Summaries are also individually searchable. Each summary contains links to its underlying CBA.
Finally, CBA summaries are accessible by selecting "Collective Bargaining Agreements" in the "Deal Type" facet in the left-hand column on the screen after running a word search within all of the What's Market databases.

Refining Results and Comparing Summaries

Search results in the database can be filtered using the facets listed in the left column on the screen.
The fields in the CBA summaries can be compared across multiple summaries using the What's Market comparison tool. To use the tool, from the What's Market Collective Bargaining Agreements Database page and generate custom CBA provision comparison reports:
  • Filter CBAs as desired.
  • Select CBAs to compare and click "Compare" at the top of the screen.
  • Check the boxes next to any of the 60 comparison terms available for each CBA in the database (Deal, Employer, Union, Term, and Links are preselected).
  • If desired, change:
    • the layout of the Deal Comparison Report by clicking the "Organize Columns" link;
    • the order in which the compared CBAs are listed by clicking and dragging vertically each CBA to be moved; or
    • the CBA provisions to be compared by selecting different terms.
  • Save your comparison report to a folder.
  • Download or email a Word or Excel copy of the report.

Key Negotiated Terms

The What's Market Collective Bargaining Agreements summaries contain analysis of each of the following CBA clauses or provisions in their own field:
  • Employer.
  • Union.
  • Industry sector.
  • Term.
  • Job classification.
  • Location.
  • Retroactivity.
  • CBA's renewal negotiations notice deadline.
  • CBA reopener or cancellation (see CBA Reopener or Cancellation).
  • Evergreen provision.
  • Management rights clause (see Management Rights).
  • Recognition (see Recognition).
  • Union security (see Union Security).
  • Dues checkoff (see Dues Checkoff).
  • Neutrality agreement.
  • New facilities.
  • Successor clause.
  • Strikes (see Strikes).
  • Lockouts (see Lockouts).
  • Employer-provided education and training.
  • Subcontracting.
  • Implementing technology.
  • Non-discrimination.
  • Most-favored nation.
  • Hours of work (see Hours of Work).
  • Wage rates (see Wage Rates).
  • Pay differentials (see Pay Differentials).
  • Guaranteed pay (see Guaranteed Pay).
  • On-call/call-back pay.
  • Overtime/holiday/weekend pay.
  • Cost of living adjustment.
  • Flexible spending and commuter reimbursement accounts.
  • Pension contributions.
  • 401(k)/403(b).
  • Union health plan contributions.
  • Employer-sponsored health insurance.
  • Disability insurance.
  • Life insurance.
  • Holidays.
  • Leaves of absence: family and medical.
  • Leaves of absence: jury duty.
  • Leaves of absence: bereavement.
  • Vacation/sick/personal days.
  • Leaves of absence: education or training.
  • Leaves of absence: union business.
  • Military service.
  • Seniority (see Seniority).
  • Filling vacancies and minimum staffing levels.
  • Grievance and arbitration (see Grievance and Arbitration).
  • Disciplinary process (see Disciplinary Process).
  • Joint management - union committee.
  • Union access and on-site CBA administration rights (see Union Access and On-Site CBA Administration Rights).
  • Union use of bulletin boards, employer equipment.
  • Drug testing.
  • Individual contracts.
  • Zipper/integration clause (see Zipper or Integration Clause).
  • Savings clause (see Savings Clause).
  • Other points of interest.

Depth of Summaries

The What's Market Collective Bargaining Agreements database summaries provide analysis of each of the above clauses or terms to:
  • Help users determine if a CBA's particular clause or provision about a term is relevant or helpful in their research.
  • Permit substantive comparisons of CBAs using the What's Market comparison tool.
Greater in-depth analysis is supplied where appropriate. The following explains the types of information included in the summaries for a selection of important CBA clauses.

CBA Reopener or Cancellation

A reopener provision allows either party to reopen negotiations on either a specified date during the CBA’s term or after the occurrence of a triggering event or circumstance. Summaries include:
  • Triggering language, such as:
    • the specified date that either party may reopen negotiations; and
    • an event or circumstance that allows either party to reopen the CBA.
  • Any specified CBA provision to be negotiated in reopener negotiations.
For more information about reopener provisions, see Practice Note, Collective Bargaining Under the National Labor Relations Act: Mid-Term Modifications to a Contract and Standard Clause, Collective Bargaining Agreement: Reopener Clause and Standard Clause, Collective Bargaining Agreement: Reopener Clause.

Management Rights

A management rights clause sets out the rights and responsibilities that remain under the exclusive control of the employer. Summaries provide:
  • A list of the management rights specifically enumerated.
  • Any language reserving to the employer management rights that are not specifically enumerated, to the extent their exercise is consistent with the rest of the CBA.
For more information on management rights clauses, see Standard Clause, Collective Bargaining Agreement: Management Rights Clause.

Recognition

In a recognition clause, the employer recognizes the union as the exclusive bargaining representative for covered employees. Summaries indicate:
For more information on recognition clauses, see Standard Clause, Collective Bargaining Agreement: Recognition Clause.

Union Security

A CBA may contain a provision requiring covered employees to join the union or pay agency fees, unless the workplace is in a jurisdiction with a right-to-work law (see Practice Note, State Right-To-Work Laws Chart: Overview). If the CBA contains a union security clause, its summary indicates:
  • Whether the workplace is a union shop or agency shop.
  • The deadline for new employees to join the union or pay agency fees.
  • Any language requiring the employer to suspend or discharge an employee for failing to:
    • maintain union membership in good standing; or
    • pay an agency fee.
  • Whether the union agrees to indemnify the employer for any liability arising from complying with the union security clause.

Dues Checkoff

In a dues checkoff clause, the employer agrees to automatically deduct union dues or agency fees from the pay checks of employees who voluntarily complete an authorization form. The dues checkoff clause is often included in the same article of a CBA as the union security clause. Summaries indicate:
  • Whether the employer agrees to automatically deduct union dues or agency fees.
  • The amount of union dues, usually as a percentage of the employee's base wages, if specified.
  • Whether the union agrees to indemnify the employer for any liability arising from complying with the dues checkoff clause.
  • Whether the CBA contains a sample authorization form.
For more information on dues checkoff, see Standard Clause, Collective Bargaining Agreement: Dues Checkoff Clause.

Strikes

Summaries focus on the following aspects of no-strike clauses:
  • The activities the no-strike clause prohibits.
  • Whether the union has agreed to disavow and take reasonable action to stop any prohibited activity.
  • Whether violating the no-strike clause is an immediately terminable offense.
  • Any exceptions to the no-strike clause.
For more information on no-strike clauses, see Standard Clause, Collective Bargaining Agreement: No-Strike Clause. For more information about strikes generally, see Practice Note, Strikes Under the National Labor Relations Act.

Lockouts

Summaries focus on the following aspects of no-lockout clauses:
  • Any language prohibiting lockouts.
  • Types of facility closures excluded from the scope or definition of a lockout. For example, any qualifying language that the employer has not engaged in a lockout if it closes the workplace for reasons beyond its control, such as inclement weather or emergency situations.
  • Exceptions to the no-lockout clause.
For more information on no-lockout clauses, see Standard Clause, Collective Bargaining Agreement: No-Lockout Clause. For more information about lockouts generally, see Practice Note, Lockouts Under the National Labor Relations Act.

Hours of Work

The hours of work clause sets out the normal work schedules for employees. Summaries include:
  • The numbers of hours in a work day and a work week.
  • The number of regularly scheduled shifts.
  • Any references to alternate work schedules.
For more information on hours of work clauses, see Standard Clauses, Collective Bargaining Agreement: Work Hours Clause and Collective Bargaining Agreement: Donning, Doffing, and Washing Time Clause.

Wage Rates

Many CBAs contain separate wage rates for each job classification, which can number well over 100 in a large bargaining unit (for example, see What's Market, San Diego Gas & Electric Company and International Brotherhood of Electrical Workers, Local Union 465 collective bargaining agreement). To make this information more manageable, summaries include:
  • High and low wage rates.
  • Job classifications associated with the high and low wage rates.
  • Year-to-year increases to the high and low wage rates.
  • Any percentage increases to wage rates made across the bargaining unit.
For more information on wage clauses see Standard Clause, Collective Bargaining Agreement: Wages Clause and Standard Document, Collective Bargaining Agreement: Wage Schedule.

Pay Differentials

CBAs often describe circumstances under which employees are entitled to receive a higher wage rate. Summaries classify pay differentials by the reason for the increase in pay. Employees commonly receive pay differentials for:
  • Hours worked on a shift other than the day shift.
  • Time spent performing a hazardous or especially unpleasant task.
  • Being designated the lead person.
  • Obtaining or maintaining a specified certification.
  • Time spent operating particular machinery.
  • Other reasons specific to an industry or a workplace.
For more information on pay differentials, see Standard Clause, Collective Bargaining Agreement: Wage Differentials Clause and Practice Note, Comparing Pay Differential Provisions from Collective Bargaining Agreements by Category.

Guaranteed Pay

Summaries focus on the following types of guaranteed pay provisions:

Seniority

Although a CBA may contain a stand-alone seniority clause, references to seniority are often scattered throughout the CBA (for example, see What's Market, United Parcel Service, Inc., et al. and International Brotherhood of Teamsters, et al. national master agreement). Summaries consolidate this information by indicating:
  • Whether the employer has agreed to maintain a seniority list.
  • How seniority is calculated, such as by:
    • job classification;
    • bargaining unit; or
    • company service.
  • When seniority:
    • begins accruing;
    • does not accrue; and
    • continues accruing.
  • A list of all other provisions affected by seniority, such as shift scheduling, layoffs, or recalls from layoffs.

Grievance and Arbitration

Grievance and arbitration provisions, which may be separate or combined, set out how the parties will settle disputes about the interpretation or application of the CBA. Summaries include the following information about the grievance and arbitration procedure:
  • The types of disputes included in or excluded from the grievance procedure.
  • The number of steps outlined in the grievance procedure before the parties may take the dispute to arbitration.
  • How the parties will select the arbitrator if the dispute goes to arbitration.
  • Whether there are limits on the arbitrator’s authority.
  • Any language assigning the costs or fees of arbitration to the loser of the proceeding.
For more information on grievance and arbitration clauses, see Standard Clauses, Collective Bargaining Agreement: Grievance Procedure Clause and Collective Bargaining Agreement: Arbitration Clause. For information about labor arbitration generally, see Practice Note, Labor Arbitration.

Disciplinary Process

Summaries focus on the following aspects of disciplinary process provisions:
For more information on disciplinary process provisions, see Standard Clause, Collective Bargaining Agreement: Discipline and Discharge Clause. For more about discipline and discharge generally, see Practice Note, Discipline and Discharge Under the National Labor Relations Act.

Union Access and On-Site CBA Administration Rights

Union representatives play an active role in administering a CBA, such as by representing employees in the event of disciplinary action or under the grievance procedure. Summaries indicate whether:
  • Bargaining unit employees serve as on-site union representatives, such as union stewards.
  • Stewards or other on-site union representatives are paid for performing their union functions during working time.
  • Other non-employee union representatives have building or facility access.
  • The employer has agreed to provide the union with specified data about covered employees, such as contact information.
  • The union may conduct an orientation meeting for new employees.
For more information on union administration rights clauses, see Standard Clauses, Collective Bargaining Agreement: Union Business Leave Clause and Collective Bargaining Agreement: Bulletin Board Clause.

Zipper or Integration Clause

Parties include a zipper or integration clause to close collective bargaining during the term of a CBA. Summaries indicate:
  • Whether the CBA constitutes the entire agreement between the parties.
  • Whether the parties have waived the right to bargain during the term of the CBA.
  • The extent to which the parties acknowledge they are bound by past practices.
For more information on zipper or integration clauses, see Standard Clause, Collective Bargaining Agreement: Zipper Clause (Complete Agreement Clause).

Savings Clause

The savings clause sets out what happens if a CBA provision is rendered invalid by a court decision or a change in the law. Summaries focus on:
For more information on savings clauses, see Standard Clause, Collective Bargaining Agreement: Savings Clause.