Extract the file against the duty to bargain in good faith

Key facts

Human involvement

Red · Lawyer-led

How AI is used

From the file, list the dates of any request to bargain, any meeting, any written contract requested, and any notice about terminating or modifying a contract. Set those facts beside section 8(a)(5) and section 8(d). Do not write a charge, an application, or a bargaining order.

What the lawyer must review

You write any charge. Section 8(a)(5) (29 U.S.C. § 158(a)(5)) makes it an unfair labor practice for an employer to refuse to bargain collectively with the representatives of the employees, subject to section 9(a). Section 9(a) was not opened. Do not decide who the representative is. Section 8(d) defines bargaining collectively as the mutual obligation to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising under it, and the execution of a written contract incorporating any agreement reached if requested by either party. The obligation does not compel either party to agree to a proposal or require the making of a concession. Where a collective-bargaining contract is in effect, no party shall terminate or modify it unless that party serves written notice sixty days before the expiration date, or, if there is no expiration date, sixty days before the proposed termination or modification; offers to meet and confer; notifies the Federal Mediation and Conciliation Service within thirty days after that notice, and at the same time any state or territorial mediation agency, if no agreement has been reached; and continues the existing terms in full force, without a strike or lock-out, for sixty days after the notice or until expiration, whichever occurs later. Where the bargaining involves employees of a health care institution, those periods are ninety days, sixty days, and ninety days. Use the longer periods only if the file says the employer is a health care institution. Do not describe the file as grounds for an order that imposes terms.

Written for / version

United States versionUS