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Employee & Labor

Understanding management rights versus mandatory subjects of bargaining is crucial for the HR professional. If you set a precedent of bargaining a management right, you potentially forfeit that right forever.

You are a new human resource manager and you met with managers from all the other departments. During your onboarding conversations with the managers, they gave you a list of practices they would like to change. They have tasked you with communicating the changes to the employees and to make the appropriate policy updates. You know that you cannot make some of these changes without conferring with the union.

Directions
The following is the list of changes. Choose five of these changes for your response.

Management wants to change represented police officers’ schedules from a 10-hour day to a 12-hour day.
Management wants to change an unrepresented supervisor’s schedule to include one weekend day.
Management wants to open on Saturdays. Previously they have been closed. Management wants to force 25% of employees to work on Saturday.
Sales are slow. Management wants to cut all exempt employees’ hours by 25% this week.
Sales increased suddenly. Management wants to force all union employees to work overtime this week.
Management wants to decrease the tuition assistance benefits because sales are low. Some employees are unionized; others are not represented.
Management wants to implement additional background check measures.
Management is going to remove money from the unofficial employee recognition program and will reinvest those funds in operations. This will affect all employees.
The finance department, partially represented, has requested elimination of two positions. One position is union, and one is unrepresented.
Management wants to create a new union position, and they insist that the position pay $25 per hour because it is hard to fill.
Management wants to change the current COVID-19 safety protocols.
Using your selected five changes, answer the following questions. Specifically, your responses must address the following rubric criteria:

Identify Requests: Identify which of your selected changes are likely covered by the collective bargaining agreement.
Requires a Meeting: Explain which of the selected managers’ requested changes will require a meeting with the union and why. Be sure to address unrepresented employees.
Steps: Describe the steps that Human Resources must take to implement each selected change

Full Answer Section

Sales increased suddenly. Management wants to force all union employees to work overtime this week.
Management wants to decrease the tuition assistance benefits because sales are low. Some employees are unionized; others are not represented.
The finance department, partially represented, has requested elimination of two positions. One position is union, and one is unrepresented.

Analysis of Selected Changes

For each selected change, I will identify if it's covered by the Collective Bargaining Agreement (CBA), if it requires a meeting with the union, and the steps HR must take.

Change 1: Management wants to change represented police officers’ schedules from a 10-hour day to a 12-hour day.

Identify Request Covered by CBA: Highly likely to be covered. Work schedules, hours of work, and working conditions are almost universally considered mandatory subjects of bargaining. For represented employees, these terms are explicitly defined within the Collective Bargaining Agreement (CBA). A change from a 10-hour to a 12-hour day significantly alters working conditions, potential for overtime, and work-life balance.
Requires a Meeting with the Union: Yes, this change absolutely requires bargaining with the union. Since these police officers are represented, their work schedules are a mandatory subject of bargaining. Management cannot unilaterally implement this change. This is not a "management right" to change terms and conditions of employment for represented employees without bargaining.
- Unrepresented Employees: This specific change only applies to represented police officers, so it does not directly impact unrepresented employees. However, if there were unrepresented police officers in similar roles, the company would typically review if such a change would trigger a need for broader policy updates affecting them, though it wouldn't be a mandatory bargaining issue for them unless it impacted a company-wide policy the non-union employees relied on.
Steps Human Resources Must Take:
1. Review the CBA: HR must first thoroughly review the current CBA for specific clauses related to work hours, shifts, scheduling procedures, overtime, and any "zipper clauses" or management rights clauses that might pertain to scheduling. This will determine the extent of bargaining required.
2. Notify the Union: HR must formally notify the union (in writing) of management's desire to change the schedule, clearly stating the proposed change and management's rationale (e.g., operational efficiency, improved coverage). This constitutes a "notice to bargain."
3. Bargain in Good Faith: HR, representing management, must engage in good-faith bargaining with the union. This means meeting at reasonable times, making proposals, considering union counter-proposals, and striving to reach an agreement. The union may request additional compensation for longer shifts, changes to benefits, or different staffing models.
4. Reach an Agreement/Impasse: If an agreement is reached, it will likely be documented as a Memorandum of Understanding (MOU) or an amendment to the CBA. If an impasse is reached after good-faith bargaining, management may be able to implement the change if it does not violate other parts of the CBA, but this is a high-risk strategy that could lead to unfair labor practice charges or strikes.
5. Communicate Changes: Once an agreement is reached (or impasse declared and implementation decided), HR will communicate the new schedule to the affected police officers in accordance with the CBA and any agreed-upon transition period.

Change 2: Management wants to open on Saturdays. Previously they have been closed. Management wants to force 25% of employees to work on Saturday.

Identify Request Covered by CBA: Highly likely to be covered for represented employees. Changes to workdays (adding Saturdays), work schedules, and mandatory shifts are mandatory subjects of bargaining. Even for unrepresented employees, this is a significant change to terms of employment that can impact morale and potentially trigger a desire for union representation if not handled well.
Requires a Meeting with the Union: Yes, for represented employees, this requires bargaining. The decision to expand operations to a new day that impacts employees' work schedules and potentially their work-life balance is a mandatory subject of bargaining. Management must negotiate with the union on the effects of this decision (e.g., who works, compensation for Saturday work, scheduling preferences). For the unrepresented employees, while management is not legally obligated to bargain with them, it is highly advisable for HR to communicate transparently, solicit feedback, and offer incentives or accommodations where possible to avoid a dip in morale, increased turnover, or a push for unionization.
Steps Human Resources Must Take:
1. For Represented Employees:
  - Review CBA: Check for clauses on workdays, shifts, weekend work, overtime, premium pay for weekends, and any "effects bargaining" requirements.
  - Notify and Bargain: Formally notify the union of the business decision to open on Saturdays and management's intent to require 25% of represented employees to work. Initiate bargaining over the effects of this decision. This includes how employees will be selected, compensation for Saturday work, scheduling preferences, and any other impacts on working conditions.
  - Agreement/Impasse: Bargain in good faith to reach an agreement documented in an MOU or CBA amendment.
  - Implement & Communicate: Implement the change only after agreement or a lawful impasse, and communicate clearly to affected union employees.

Sample Answer

As a new Human Resources Manager, it's critical to understand the distinction between management rights and mandatory subjects of bargaining, especially when dealing with a unionized workforce. Unilaterally implementing changes that fall under mandatory bargaining subjects can lead to unfair labor practice charges and strained labor relations. My role is to advise management on the legal and practical implications of their desired changes and guide them through the appropriate processes. I will select five changes from the provided list and analyze them in detail. Selected Five Changes:

Management wants to change represented police officers’ schedules from a 10-hour day to a 12-hour day.
Management wants to open on Saturdays. Previously they have been closed. Management wants to force 25% of employees to work on Saturday.