Collective Bargaining FAQ

An ongoing and exclusive relationship between an employer and a union in which a written contract is negotiated, implemented, and enforced with regards to the wages, hours, terms and employment and conditions of work for employees represented by the union.

Negotiations are a part of collective bargaining. Collective bargaining involves an ongoing and exclusive relationship between an employer and a union to negotiate, implement, and enforce a written contract that outlines wages, working hours, and conditions of employment for employees represented by the union. Negotiations allow both parties to discuss proposals in good faith with the goal of reaching an agreement, despite having common and conflicting vested interests.

The SU bargaining team is comprised of members elected regionally by SU membership and professional staff from Alaska Public Employee Association-AFT (APEA_AFT), our state affiliate, with years of negotiation experience. There are 6 SU members elected for the bargaining team, three who are leads and three alternates from each region. APEA-AFT staff include Business Manager Jeff Kasper and Southeast Field Representative Stephen Courtright, who bring years of experience, education, knowledge of state policies and procedures, and negotiation training.

Collective bargaining typically occurs on a regular basis, such as every few years, depending on the terms of the existing agreement and any changes in employment conditions or laws. When the current contract expires, the process of renegotiation begins.

Collective bargaining provides numerous benefits, including fair wages and compensation, better working conditions, job security, health care benefits, retirement plans, and improved safety standards. It also ensures that workers have a stronger voice in their workplace.

In the United States, it is illegal for an employer covered by federal labor law (such as those that are part of the National Labor Relations Act) to refuse to bargain in good faith with a recognized union. However, some private-sector employers may attempt to avoid collective bargaining by delaying negotiations or imposing unfair demands.

An ongoing and exclusive relationship between an employer and a union in which a written contract is negotiated, implemented, and enforced with regards to the wages, hours, terms and employment and conditions of work for employees represented by the union.

Negotiations are a part of collective bargaining. Collective bargaining involves an ongoing and exclusive relationship between an employer and a union to negotiate, implement, and enforce a written contract that outlines wages, working hours, and conditions of employment for employees represented by the union. Negotiations allow both parties to discuss proposals in good faith with the goal of reaching an agreement, despite having common and conflicting vested interests.

The SU bargaining team is comprised of members elected regionally by SU membership and professional staff from Alaska Public Employee Association-AFT (APEA_AFT), our state affiliate, with years of negotiation experience. There are 6 SU members elected for the bargaining team, three who are leads and three alternates from each region. APEA-AFT staff include Business Manager Jeff Kasper and Southeast Field Representative Stephen Courtright, who bring years of experience, education, knowledge of state policies and procedures, and negotiation training.

Collective bargaining typically occurs on a regular basis, such as every few years, depending on the terms of the existing agreement and any changes in employment conditions or laws. When the current contract expires, the process of renegotiation begins.

Collective bargaining provides numerous benefits, including fair wages and compensation, better working conditions, job security, health care benefits, retirement plans, and improved safety standards. It also ensures that workers have a stronger voice in their workplace.

In the United States, it is illegal for an employer covered by federal labor law (such as those that are part of the National Labor Relations Act) to refuse to bargain in good faith with a recognized union. However, some private-sector employers may attempt to avoid collective bargaining by delaying negotiations or imposing unfair demands.

If the employer and union cannot reach a voluntary agreement, various options may be pursued, such as mediation, fact-finding, or arbitration. In some cases, if no agreement is reached, the union may call for a strike, or the employer may implement their last offer.

A collective bargaining agreement typically covers wages, hours of work, working conditions, benefits, job security, promotions, and disciplinary procedures. It also establishes grievance procedures to resolve disputes between management and employees.

The collective bargaining agreement is enforced through grievance procedures, arbitration, and legal action. If an employer violates the agreement, employees can file grievances to address any issues and seek resolution. The union will also monitor compliance with the agreement and advocate on behalf of its members.

Union members play a crucial role by supporting the bargaining process, attending meetings, providing input on proposals, and helping to build solidarity among workers. Their support is essential for securing a strong agreement that protects their rights and benefits.

The SU bargaining team is selected through a democratic process involving SU members. Members are nominated and then elected to serve on the team, which represents their interests in negotiations with the State.

The Employee Representative (ER) acts as a liaison between SU members and the negotiating team. They gather input from members, convey concerns to the bargaining team, and help ensure that member voices are heard during negotiations.

A mediator helps both parties reach a voluntary agreement by facilitating discussions. A mediator has no power to impose a decision. An arbitrator, on the other hand, makes a binding decision after hearing arguments from both sides, which resolves disputes when negotiations fail.

The duration of the collective bargaining process can vary, but it typically takes several months. This includes preparation, preliminary meetings, formal negotiations, and any potential mediation or arbitration proceedings.

SU members have the right to be represented by a bargaining team, voice their concerns, and participate in the democratic process of selecting representatives. Additionally, they have the right to be informed about the status and progress of negotiations.

SU cannot speak to how the State chooses its bargaining team. Just like SU decides how to choose the SU bargaining team, the State has its own process for choosing its team, how it approaches negotiations at the table and what proposal to put forward. The Chief Negotiator is considered the agent for the Governor and has authority to speak on behalf of the Administration.

There are two legal tools that could be triggered if SU and the State cannot reach an agreement. Mediation is where both sides select a mutually-agreeable mediator, though this can take several weeks. A mediation session is then scheduled, which can mean a delay of several months. If there is still not an agreement after this multi-month process then the next step is arbitration. Arbitration also requires both sides to mutually agree on an arbitrator, then an arbitration session is scheduled. Like mediation, this usually results in a delay of weeks to months to get to the arbitration session. The decision of the arbitrator is binding only on the union.

In any negotiations, the goal is to reach a mutual agreement as simply as possible, preferably at the bargaining table. Under state law, a strike can only happen after several stages of negotiations. First, negotiators reach an impasse. This means that both sides have moved as far as they can toward a compromise and cannot reach a tentative agreement. SU would next go to mediation. Mediation is not binding on either party and if an agreement is not reached through mediation, then the next step is arbitration. If no agreement is reached, then the State can impose its “last, best final offer.” After all of this, it is up to the membership to decide if SU were to strike by taking a strike authorization vote.

There is a lot you can do! SU has Zoom and Teams backgrounds available on the website that you can use at su-apea-aft.org. You can also email Marta Mueller or Karen Lechner to get connected with the Contract Action Team and find more ways to get involved and support the SU bargaining team.

Bargaining the contract is an ongoing process that involves more than just the time spent at the negotiating table. SU member input through surveys, chapter meetings, and individual outreach helps shape the strategy the team uses for negotiations.

Below is a general, condensed overview from electing member negotiators to reaching a tentative agreement:

  1. SU surveys members for insight into their priorities and elects members to the bargaining team (Fall 2020).
  2. The bargaining team, including APEA-AFT staff, begins researching and drafting proposed language (Fall 2020).
  3. SU starts meeting with the State team at agreed-upon times, dates, and locations (December 2020).
  4. Proposals and counter-proposals are exchanged and discussed (ongoing).
  5. When both sides agree on a particular topic, both sides tentatively agree (TA) (ongoing).
  6. Once all open articles have reached a TA, SU negotiators present the full tentative agreement to membership (TBD).
  7. Only Full Members of SU can vote on the Tentative Agreement. If you aren’t a full member yet, or are not sure, you can download, fill out, and return your membership form here.
  8. If SU members reject the full tentative agreement, SU must go back to the negotiating table and start anew.

The SU bargaining team is comprised of members elected regionally by SU membership and professional staff from Alaska Public Employee Association-AFT (APEA_AFT), our state affiliate, with years of negotiation experience. There are 6 SU members elected for the bargaining team, three who are leads and three alternates from each region. Elections were held in the fall of 2020 for this bargaining team.

APEA-AFT staff include Business Manager Brian Penner; Southeast Regional Manager Jeff Kasper is a former SU Negotiator; and Southeast Field Representative Stephen Courtright, who is new to APEA, is a former state employee union leader. Together they bring years of experience, education, knowledge of state policies and procedures, and training in the art and science of negotiations.