As of 2022, in the United States, collective bargaining agreements are protected by The National Labor Relations Act, either in the public or private sector, if a Union representative negotiates the agreement. However, if an employer doesn’t wish to cooperate with a Union, the U.S. National Labor Relations Board will oversee the legal process of legally binding collective bargaining agreements even if they breach other employment contracts.
(Month day, year) – (Month day, year)
This Collective Bargaining Agreement or CBA, a product of collective bargaining, is made and entered into as of the (number) day of (Month), (year), in accordance with the laws and provisions of the National Labor Relations Act, as amended, by and between the [UnionBargainingRepresentative.Company] , which is recognized as the sole and exclusive bargaining representative of present and future employer members of the [UnionRepresentative.Company] , which is also recognized as the sole and exclusive Union representative of present and prospective employees in the [Employer.Company] , regardless of (employee status/employee tenure).
A standard workday and week for all employees shall be (seven/eight) consecutive hours between (0:00 AM/PM) and (0:00 AM/PM) with one hour for (paid/unpaid) lunch and two (half-hour/fifteen minute) breaks from (Monday-Sunday) to (Monday-Sunday) for (three/four/five/six) consecutive workdays.
Any informal adjustments to shifts or schedules that breach the “standard workday or week” must be agreed upon by the employee, the human resources department, both national and international depending on their contract, and Union in writing.
If an employee's work schedule changes, the employer must notify them at least (one week/three days/48-hours) in advance. For emergency shifts, employers must notify employees (48/24-hours) before the shift. The employee shall receive a pay increase based on the emergency and need.
When making promotions, transfers, and demotions, and in effecting layoffs and rehiring, the employees' skill, ability, and knowledge shall be the primary consideration. If qualifications are equal, the employer shall consider the length of service above all else.
The employer agrees under the policy terms to consider current workers for vacant positions first before beginning the search for outside applicants. If an employer must propose layoffs, they must provide (days) days written notice to their employees except in cases of strikes, lockouts, inclement weather, or other circumstances beyond the employer’s control.
No new employees will be offered employment following a layoff until employees who were laid off previously have been given a reasonable opportunity to report back to their previously held position. A “reasonable opportunity” includes initial contact, a “no response” wait period, or a direct refusal to report back to their sector.
Some collective bargaining agreements will declare who is and who isn’t protected by the Union based on employment status or tenure, aka, only junior-level employees receive government protection. If all worker’s rights are protected under Union law, put “regardless of.”
To see a detailed breakdown of class titles, compensation grades, income rates, non-standard hourly rates, and notes, please refer to the attached pages at the end of the contract.
While this contract remains in effect, the income rates of each Union employee shall be set out by the attached pages. For the purposes of payroll cut-off dates, the common cut-off date shall be (0:00 AM/PM) on (Monday-Sunday). All private and public sector on or off-site employees shall be paid (bi-weekly/monthly) in accordance with the attached pages by converting the hourly rates to (bi-weekly/monthly) rates.
If an individual is approved for a wage adjustment arising from reclassification, periodic increments, promotions, or revelations, this new amount will populate at the beginning of the (bi-weekly/monthly) pay period. This includes wage increases on general holidays.
The following provisions shall act as “Daily Guarantees:”
All parties reporting for a scheduled shift on the employer's call shall receive the employee’s regular hourly rate for the entire period with a guaranteed (1-8) hours’ compensation at the regular hourly rate.
If those same parties report for their regular shift but refuse to start or continue working, they will not receive a guaranteed (1-8) hours’ compensation at the regular hourly rate.
All regular and temporary full-time employees shall be paid overtime rates for all overtime worked immediately following their regular shift.
Daily or weekly overtime rates shall follow the legal statutes and procedures of state and federal law of which the parties reside. If an employee moves states after they sign and agree to the contract terms, the employer agrees to uphold the original binding contract for the total length of the individual's employment or when the contract is no longer in effect, whichever comes first.
In the United States, all collective bargaining agreements should have a detailed list of all class and job titles along with their respective compensation grades. This helps new working employees research whether they’re receiving fair wages. It also gives them bargaining powers based on the conditions and rights set out by the provisions and laws in the Union contract.