Collective Bargaining

At Elkus & Sisson, P.C.  our lawyers handle a variety of employment law matters, including issues involving collective bargaining rights.

Collective bargaining is a negotiation between an employer and a group of employees to discuss issues such as benefits, wages/salaries, paid time off, working conditions, and health and safety standards in the workplace.

A union or labor organization typically serves as the representative of the employees. The objective of the collective bargaining process is to come to a collective agreement. Collective bargaining is governed by state and federal statutory laws, administrative agency regulations and judicial decisions.

If state and federal laws overlap, state laws are pre-empted.

The National Labor Relations Act (NLRA) is the main body of law that governs collective bargaining. The NRLA gives employees the right to join unions and collectively bargain.

It also establishes procedures for labor organization selection and prohibits employers from interfering with this selection. Under the NLRA, employers are required to bargain with the appointed employee representative.

Neither the employer nor the employee representative is required to reach an agreement, but they are required to adhere to procedural guidelines on good faith bargaining. State laws further regulate collective bargaining. An experienced employee law attorney can explain Colorado’s collective bargaining laws as they pertain to your case.