DID YOU KNOW?

If there is a question you would like MAP to answer, please email John at Jholiday@mapunion.org.

The information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You should contact MAP to obtain representation with respect to any particular legal issue related to collective bargaining and your union rights.

QWhat is the zipper clause and why does it have to come out of our contract?

Answer from MAP Legal Counsel

A zipper clause is a contract provision that "seeks to close out bargaining during the contract term and to make the written contract the exclusive statement of the parties['] rights and obligations." National Labor Relations Board v. Tomco Communications, Inc., 567 F.2d 871, 879 (9th Cir. 1978). This means that any rights or benefits that were not specifically negotiated and included in the contract are waived by the parties.

The zipper clause can be harmful because a zipper clause conveys the message the agreement contains the complete understanding of the parties. Put another way, it zips up and closes negotiations and announces there is no more to bargain about until next contract. Unfortunately, it can limit the ability of the parties to negotiate unforeseen circumstances or the impact and effect of certain decisions. Broad zipper clauses use specific language to foreclose bargaining on any issue not included in the contract even if the issue was unknown or not within the contemplation of the parties at the time the contract was signed. Meaning, it forecloses mid-term bargaining and impasse resolution procedures (i.e., interest arbitration).

Keep in mind, unless you expressly waive mid-term bargaining, the Union has a right to bargain matters that touch upon, wages, hours, terms and conditions of employment, and safety. Now, more than ever, it is important to preserve your mid-term bargaining rights. Broad zipper clauses are a permissive subject of bargaining and the Union does not have to give up anything to have them removed from your contract.

IN CASE OF EMERGENCY

If you are involved in a critical incident or need to contact MAP for any emergency, call 630-905-0663.

QWhat is an Unfair Labor Practice?

Answer from MAP Legal Counsel

An unfair labor practice (ULP) is an action by a public employer or a labor organization, which violates the rights guaranteed by the Illinois Public Labor Relations Act. Some employer unfair labor practices include discrimination on the basis of union activity, refusal to bargain in good faith, interference, restraint and coercion with protected rights. The Labor Board does not have jurisdiction over discrimination that is motivated by an individual's race, age, gender, religion, disability or political persuasion.

When the Executive Director determines that an unfair labor practice charge contains issues of fact or law which require a hearing to resolve them, the Executive Director issues a Complaint for Hearing. The Labor Board assigns an administrative law judge (ALJ) to hear the matter. There, the parties present their case to the ALJ. The hearing is a formal evidentiary proceeding. Ultimately, the ALJ renders a recommended decision and order. The parties may appeal the recommended decision and order to the Labor Board. If no appeals are filed, the recommended decision and order becomes a non-precedential decision of the Labor Board.

QWhat’s the difference between contract mediation and interest arbitration?

Answer from MAP Legal Counsel

Contract mediation and interest arbitration are two different forms of dispute resolution used in the context of labor negotiations between unions and management.

Mediation is a process in which a neutral third-party mediator helps the parties in a labor dispute to reach a mutually agreeable resolution. Often, Mediators are able provide a third-party perspective and leverage the expertise of the skilled negotiators at the table to address the core interests of the negotiating parties. The mediator does not have the power to impose a decision. The mediator may offer suggestions or solutions. Ultimately, it is up to the parties to reach an agreement. The goal of mediation is to find a resolution that is acceptable to both parties without resort- ing to interest arbitration (police officers and firefighters).

Interest arbitration, on the other hand, is a process in which a neutral third-party arbitrator hears evidence and arguments from both sides. In doing so, the arbitrator makes a binding decision to resolve the dispute. Unlike mediation, the arbitrator has the power to impose a decision that is legally binding on both parties. Interest arbitration is often used when the parties are unable to reach an agreement through negotiation and/or mediation.

In summary, the key differences between union contract mediation and interest arbitration are that mediation is a non-binding process in which a neutral third party facilitates negotiations between the parties, while interest arbitration is a binding process in which a neutral third party hears evidence and issues a final decision.

QWhat is bad faith bargaining?

Answer from MAP Legal Counsel

Bad faith bargaining in public sector union contract negotiations refers to the act of negotiating a contract without a genuine intention to reach an agreement, sometimes referred to as surface bargaining. In addition, bad faith bargaining can include utilizing tactics with the intention of obstructing negotiations. Generally, bad faith bargaining occurs when one or both parties engage in schemes designed to delay, undermine, or derail the negotiation process, rather than negotiate in good faith.

Examples of bad faith bargaining include making unrealistic demands, refusing to make concessions, failing to show up for meetings, engaging in abusive language or behavior, or deliberately misrepresenting information. It can also involve failing to respond to reasonable proposals, insisting on non-negotiable demands, and in some cases, failing to provide responses and documents to information requests.

MAP attorneys are keenly aware of when management starts down this road and will file an unfair labor practice when appropriate.

MAP representatives and MAP attorneys will provide our annual educational seminar to provide the tools and knowledge necessary to effectively represent your members.

ADVANCE YOUR CAREER IN CRIMINAL JUSTICE OR PUBLIC SAFETY!

NAMED THE #1 BEST FOR VETS PRIVATE SCHOOL IN ILLINOIS

Why More Graduate Students Choose Lewis

• Flexible start with 8-week sessions beginning in Fall, Spring and Summer

Lewis University is proud to be a partner in the Yellow Ribbon GI Education Enhancement Program which allows qualified post-9/11 veterans to enroll in more than 100 approved education programs at Lewis University. Apply

• 100 percent online option available

• Small, interactive classes so you can grow with your peers led by dedicated faculty who are experts in their field with real-world experience

EXPLORE ALL OF OUR GRADUATE PROGRAMS AT lewisu.edu/graduate

• Employer tuition discount and deferral plans make Lewis one of the most affordable private universities in the Chicago area

New! First Responders receive a 20% tuition discount and tuition is deferred for 6 weeks after the end of each class

Through the personalized attention of our faculty, Lewis provides students with a focus on critical thinking skills, an in-depth knowledge of the criminal justice and public safety systems, and the issues they face today. Upon graduation, you’ll be equipped with the leading-edge knowledge and skills to find your opportunity to soar and impact your world for the better. One