"meet & confer" versus "collective bargaining"

Reysa · November 2003

I work in a non-union environment. Can anyone give me a working definition of these terms and tell me what the difference is?

Don D · November 2003

In what context were they used? Collective bargaining is a term defined in the National Labor Relations Act and used typically to denote formal discussions a union local has with an employer during which terms of the contract are arrived at or altered. 'Meet and Confer' could include anything else. If you are being asked to 'meet and confer' with a group of employees who have selected who will represent them at that meeting, call an attorney. If you're not careful, it will be said that you have, through practice, recognized them as a bargaining unit. They may be up to a little trickery if this is the case.

Reysa · November 2003

Thanks for the definition, Don. It's nothing like that. A friend of mine was asked in an interview to define those two terms and describe the difference between them. I knew what collective bargaining was, but had never heard the term "meet and confer" used in the context of a union environment.

Don D · November 2003

What an odd question for an interview. I can't imagine what meaningful conclusion they might reach from the answer, no matter what it was.

Reysa · November 2003

That's what happens when your HR Director leaves and non-HR people have to do the interviewing! x:D

Hunter1 · November 2003

There are recognized 'meet and confer' units in the public sector. In some cases, state law requires the employer to meet with these units of employees, but the unions don't have any power of compulsion: no ability to strike or go to binding arbitration. They attempt to come to a voluntary agreement on terms and conditions.

Reysa · November 2003

Thanks, Hunter. That helps a lot. Does that mean if a place has meet and confer that those who attend the meetings are not in the union? or does it only mean those meetings are outside of the union's control?

Hatchetman · November 2003

[font size="1" color="#FF0000"]LAST EDITED ON 11-15-03 AT 02:00AM (CST)[/font][br][br]I also work in the public sector.

We have "Meet and confer" between agency management and union on issues which are subject to mandatory negotiations under the state's public employee relations laws but the timing occurs during the life of the contract. For example, management may want to implement a new working condition in an existing contract. It would then have to negotiate that change. If no agreement was reached, then management would have to wait until the cotnract came up for renewal and then negotiate it as part of the contract package.

To a large extent "meet and confer" is a euphemism for "labor negotiations." For years, governments would not acknowledge a formal contracted labor relation with their employees. Thus, for example, instead of calling an agreement with a union a labor contract, it is called a Memorandum of Understanding. In fact, for years, governments never acknwleldged contracting with anybody, including private companies and other governmental jurisdictions, but only having Memoranda of Understanding. Supposedly that allowed the government to renege on its commitments without being charged with violating terms of a contract.

There is also "meet and consult." These are also meetings between management and union but not in the areas that are subject of mandatory negotiaions and collective bargaining. Usually these may be little perks or local office issues that are wages hours and working conditions. Meet and consults are more of management trying to be cooperative with union rather than just going ahead an imposig it desire without getting union's thoughts. If there is no agreement, management may still impose its desire. Again, this is on matters that are not subject to mandatory negotiations as identified in the state's public employee relation laws.

Reysa · November 2003

THANK YOU! That is exactly what my friend needs. She is interviewing with the same company again in a few days and this will help her to be better informed for the next round of questions. I really appreciate you taking the time to respond and explain.

Hunter1 · November 2003

If I understand your question, the meetings would be between management and union representatives, and would look to an outsider, just like any other union negotiations. The real difference is that the union knows it has no power of compulsion (can't 'force' the employer to agree to something through a strike or binding arbitration). Remember; in the public sector, the union always gets to go to the public, or to the elected body, if things don't go their way. The 'management' labor negotiator generally reports to this elected body either directly or through his/her boss, so, many times, we're representing, at best, a diverse constituency. Some in the elected body may very well be union members themselves (as in my case), with their own agendas, or were elected with the help of the local public sector unions.

Makes my job interesting!

vmiller MO · November 2003

In Missouri, "meet and confer" only applies to the public sector. Legally it is much less than collective bargaining, but practically it could be the equivalent if the union has political power. Hunter1 has a good definition, except it is not legal for public employees to strike or engage in a work stoppage in Missouri.

Collective bargaining in the private sector is regulated by the National Labor Relations Act for most employers. The railroad and airline industries are regulated by the Railway Labor Act. Collective bargaining means that the employer and the employee's representative meet in good faith at reasonable times and places in an attempt to reach an agreement on wages, hours of work, and terms and conditions of work.

If you are nonunion, public or private, you have no legal obligation to meet and confer with your employees or to engage in collective bargaining with them. In fact, if you are a private employer, you may violate the law by engaging in collective bargaining with your employees.

I hope this helps.
Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]

"meet & confer" versus "collective bargaining"

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