What to expect | IMPLEMENTING A FIRST CONTRACT
Once their first Collective Bargaining Agreement [CBA] is ratified by union members, the employer and the union begin a new era, this time with a shared agreement to guide them. Having established a comprehensive written package of agreed provisions—in effect, a new workplace “constitution”—the parties are now tasked with implementing the particulars and testing how their contract provisions work on a day-to-day basis. It’s important for management to work towards partnership with the union and to see workplace union leaders as a key part of organizational administration and culture-building. Making the most of the implementation phase requires time, grace, intentionality, and candor.
Communicate, celebrate, and debrief the new agreement
Ratification of the contract is an opportunity to jointly announce having arrived at this moment. Management communications - internally and externally - should emphasize the ways in which this agreement is good for the organization and the mission. Celebrations can be as simple as toasting at the signing ceremony, taking time on an all-staff Zoom call, or a potluck in the break room. The important thing is to set a positive and appreciative tone. This is also a good time to capture lessons learned in the process that will help inform the next round of negotiations. Hold a debrief with the management bargaining committee and invite the union to a joint debrief, if they are willing.
Management forms an Implementation Team
Management can take the lead in this phase by forming its own implementation team and creating internal project-management tools and resources to ensure contract provisions are acted upon and enforced. For example, the team can create a summary of the contract provisions—usually a chart that lists each article, implementation steps, timeframe, and who is responsible – to guide their work. The team can also create an annotated reference copy of the CBA to compile questions, interpretative notes, flags, and operational reminders.
Supervisors, managers, and confidential staff are educated on the contract
All staff – including supervisors, managers, and other employees not in the bargaining unit – are potentially impacted by the new CBA. Supervisors will have frontline responsibilities and tasks the CBA assigns to them and ways in which what they do will need to change. For these reasons, it is important for management to review the contract terms with all non-union employees and discuss how they will impact current policies and procedures. Talk with the union to see if they are open to doing a joint presentation on the contract with all staff.
Contract provisions are put into effect
One of the first steps is to implement agreed-upon financial changes affecting individual employees, such as benefits and pay. Policy manuals, personnel procedures, and forms need to be adapted to align with and reference the CBA. Management can add a useful note up front in its employee handbook, confirming that in the event of a difference between the handbook and the Collective Bargaining Agreement, the CBA will guide employees covered by the CBA. Often, hiring and onboarding procedures will also need to be adapted to include an opportunity for new Bargaining Unit hires to meet with workplace union stewards and be introduced to the union.
Consult with the union to implement key contract provisions
Some contractual agreements require further discussion and clarification between management and the union. For example, the employer and the union will want to work out the specifics of setting up payroll deductions for union dues and to keep each other updated on their designated workplace representatives and points of contact. There may be provisions in the contract that call for engaging with the union as you create new policies or procedures (for example regarding evaluation or work planning). Regular, constructive communication during this implementation phase sets the tone for the relationship going forward.
Management and union strengthen their partnership
Sometimes, negotiations leave a residue of distrust and bad feeling. If that is the case, it helps to engage in an intentional process of reflection and repair. These can be challenging conversations and we recommend the help of a trained facilitator with experience in restorative processes. Even where contract negotiations went smoothly, the parties can benefit from debriefing what they experienced and learned in negotiations, and creating working agreements and practices that will support the labor management partnership going forward.
The Union Selects its member representatives
Once there is a contract, the union will typically select official workplace representatives from among employees in the Bargaining Unit. These positions are often called “shop stewards” or “delegates”. Some unions also have a “Unit Chair” or “Chief Steward” who is the overall leader. The union may assign one of their own staff (such as a full-time local union officer or field representative) to support the bargaining unit. Management should ask for clarity about whom they should contact to engage and inform the union, and should keep the union updated on management’s principal point of contact for day-to-day CBA administration and labor relations matters.
Together, form a Labor Management Committee [LMC]
Many contracts include provisions for establishing a labor-management committee (LMC), which can become a valuable forum for cultivating the labor-management partnership. If the contract includes an LMC, it will typically outline the Committee’s function and composition.
Beyond Neutrality authors and affiliates do not provide legal, tax, or accounting advice. This and all Beyond Neutrality resources are intended for informational and educational purposes only. Readers should consult their own legal, tax, and accounting advisors, and organizations should retain experienced labor-friendly counsel aligned with their values. 2023