Disputes over bargaining itself
For most private employers, federal labor law requires the employer and the union to bargain in good faith over pay and working conditions. Disputes often arise when one side changes a working condition without bargaining, refuses to provide information the other needs, or insists that talks have reached impasse. Those claims usually go to the National Labor Relations Board as unfair labor practice charges, with a relatively short filing window. Whether talks are truly at impasse, and what an employer may change at that point, are fact-heavy questions the Board decides case by case.
Disputes over the contract in force
Once a contract is signed, disagreements about what it means usually go through the grievance procedure it sets up, often ending in arbitration. Each step of that procedure usually has its own deadline, and missing one can end a grievance regardless of its merit. Courts give arbitration awards under a collective bargaining agreement substantial deference. Some disputes involve both tracks, for example when a change in practice is both a contract violation and a refusal to bargain, and the Board may defer to arbitration in some situations. Strikes, lockouts, and no-strike clauses add another layer, with rules that depend on the contract language and the type of dispute.
Public sector and first steps
Public employees in New York bargain under the Taylor Law, their disputes usually go to the Public Employment Relations Board or, for many New York City employees, the city's Office of Collective Bargaining, and strikes by public employees are prohibited. Wherever the dispute sits, we start with the current agreement, the bargaining history, proposals exchanged, and any information requests. We look at deadlines for charges and grievances, and at how communications to employees or members during the dispute might be viewed. The goal is to choose the forum and approach that address the real disagreement rather than only the latest flashpoint. If a strike or lockout is possible, questions about replacement workers, benefits, and picket line conduct come up quickly and are worth planning for in advance.
