Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be negotiated before changes can be made. Sometimes, however, the parties agree that management can make changes to certain terms and conditions of employment unilaterally during the term of the agreement through a management-rights clause. In such cases, the union waives the right to bargain over certain issues. The presence of a management-rights clause, particularly one that is detailed, is a function of leverage in bargaining, and of the history between the parties. Management-rights clauses serve an important role in labor relations as they set forth the issues the parties have agreed to leave to management’s discretion. Or, at least that used to be the case... Continue Reading