Predicting Delays in Negotiations

Abstract

Bargaining over a first contract can take months or years to complete. During this time, wages and benefits often remain frozen. Although this is generally true, the Board has made it clear than an employer cannot withhold wage increase that employees would have received during the normal course of business, but for the presence and/or selection of a union. Simply mentioning examples of protracted negotiations can be lawful. However, repeated references to lengthy negotiations can amount to an unlawful threat.