Record bargaining proposals where the statute does not impose terms
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the proposals in the file, the dates of meetings, and any concession the file says a party made or refused. Do not write an application, and do not describe the bargaining as grounds for an order that sets terms.
- What the lawyer must review
- You write any response. Section 8(d) of the National Labor Relations Act (29 U.S.C. § 158(d)) defines the duty to bargain 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 to execute 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 contract is in effect, a party may terminate or modify it only by the notices and the continuation of terms that the subsection states. The opened sections do not provide a declaration that bargaining is intractable, and they do not authorise an order that writes the terms of a contract. Section 10 (29 U.S.C. § 160) empowers the Board to prevent unfair labor practices listed in section 8, including a refusal to bargain. It does not, in the text opened here, authorise the Board to impose the concessions a party has refused.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.