The What's Market Collective Bargaining Agreement Database Turns One | Practical Law

The What's Market Collective Bargaining Agreement Database Turns One | Practical Law

Profile of the Practical Law What's Market Collective Bargaining Agreement (CBA) Database. Practical Law provides a continuously expanding database of CBA summaries that allows counsel to analyze and compare collectively bargained terms, including employees' compensation, hours, other employment terms and conditions, and rights and restrictions across multiple agreements.

The What's Market Collective Bargaining Agreement Database Turns One

Practical Law Legal Update w-001-7557 (Approx. 11 pages)

The What's Market Collective Bargaining Agreement Database Turns One

by Practical Law Labor & Employment
Published on 22 Mar 2016USA (National/Federal)
Profile of the Practical Law What's Market Collective Bargaining Agreement (CBA) Database. Practical Law provides a continuously expanding database of CBA summaries that allows counsel to analyze and compare collectively bargained terms, including employees' compensation, hours, other employment terms and conditions, and rights and restrictions across multiple agreements.
A collective bargaining agreement (CBA) sets out the terms and conditions under which union-represented employees work and generally binds employers to labor costs and obligations for several years. CBAs can set the parameters for wages, hours, fringe benefits, and deferred compensation for between a few and tens of thousands of employees, depending on the size of the bargaining unit. CBAs can be hundreds of pages long and riddled with a mix of legalese and industry jargon.
For more resources on collective bargaining, see the Collective Bargaining Basics Toolkit.
Over the past year, Practical Law has decoded and succinctly summarized 130 CBAs and incorporated those summaries into its What's Market Collective Bargaining Agreement Database. Practical Law will continually analyze more CBAs, but it seemed appropriate to take a moment to reflect and share observations, both expected and unexpected, from the database's first year.
For further information about the What's Market Collective Bargaining Agreement Database and how to use it, see Practice Note, What's Market Collective Bargaining Agreements Database: Overview.

Confirmation of Expected Subscriber Experience

As with other What's Market databases, Practical Law anticipated that subscribers would use the What's Market:
  • Collective bargaining agreement summaries to quickly understand complex transactions.
  • Comparison tool to:
    • on the micro level, compare term-by-term, the CBAs they selected; and
    • on the macro level, identify trends in negotiated CBAs, across employers, unions, industries, and locations.
During the past year, subscribers have been able to use the CBA summaries to understand complex CBAs and the comparison tool to glean:
  • Employers' demand for types of workers and operational needs.
  • Market employment terms and conditions for work of a particular type in an industry or location.
  • Employers' and unions' relative leverage in bargaining.
  • Broader market trends by:
    • industry;
    • employer;
    • union; and
    • location.

Surprises From the Database's First Year

Subscribers' Alternative Uses for the Database

Subscribers also have used the What's Market Collective Bargaining Agreement database to understand complex labor relations machinery and anticipated labor-related expenditures for:
  • Merger or acquisition prospective targets.
  • Commercial transaction partners.
  • Industry rivals.
  • Multi-employer bargaining association participants.
  • Their own subsidiaries and divisions.
Moreover, the summaries have demystified various unions, including, for example, by identifying:
  • In which industries particular unions organize.
  • What types of workers a union represent.
  • In which geographic locations particular unions have a presence.
  • The terms and conditions that particular unions demand and obtain.

Uncovering Unexpected Worker-Union Associations

In the course of building the What's Market Database, Practical Law featured CBAs covering some surprising worker and union associations. It is clear that major unions have succeeded in organizing and negotiating CBAs for workers outside of their normal job classification demographics. For example, Practical Law has summarized CBAs of:

Discovering Unexpected CBA Quirks

While analyzing CBAs, Practical Law has uncovered trends and fun facts from CBAs. We highlight ten of them below.

Somehow They Manage

Although there were many common elements in nearly all CBA management rights clauses, there were approximately 90 different variations of those clauses among the 130 CBAs Practical Law has so far summarized.
If you do not want to take Practical Law's word for it, you can quickly generate a report comparing any of the 60 points Practical Law has analyzed for each CBA in the database, including the management rights clause, by taking the following steps when visiting the What's Market Collective Bargaining Agreements Database:
  • Select which CBAs to compare.
  • Click the "Compare" button.
  • Check the box next to any of the points of analysis completed for every CBA in the database.
  • Click the "Compare" button.
  • If desired, change:
    • the layout of the Practical Law What's Market-Deal Comparison report by clicking the "Change layout" link; or
    • the CBA provisions to be compared by clicking the "Change comparison" link.
  • Export your customized Practical Law What’s Market - Deal Comparison report to:
    • Word; or
    • Excel.
  • Save or print your report.

Labor Day Rests Above All Other Holidays

In most CBAs, employers agree to provide premium pay for employees who work on specified holidays. However, several CBAs from the construction industry forbid work on Labor Day, and no other holiday, except in an emergency where life and property is in danger (for example, see Independent Contractors and Contractor Associations and Cement Masons International O.P. & C.M.I.A. Local Union #692 - Area #83 working agreement).

Federal Enclaves: Islands for Union Security Provisions in Right-to-Work States

Twenty-six states have enacted right-to-work laws prohibiting employers and unions from negotiating union security provisions that require, as a condition of employment, bargaining unit employees to either:
  • Maintain membership in good standing the union.
  • Stay current with administrative fee payments to the union that represents them in collective bargaining.
However, when uncovering union security clauses in CBAs from established right-to-work state Alabama, Practical Law discovered that employees in federal enclaves within right-to-work states may be subject to enforceable union security clauses and discharged at their unions' requests if they do not join or stay current in payments to their unions. For more information, see Article, Welcome to Alabama, Right-to-Work State and Home of Agency Shops?

Way Down in Kokomo

Moon Fabricating Corporation and the Boilermakers evidence vigorous pride in their manufacturing of colossal storage tanks and their place of business and CBA negotiations, Kokomo. This Kokomo is the 13th largest city in Indiana rather than an island about which the Beach Boys crooned. For more information see Moon Fabricating Corporation and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers and Boilermaker Local Lodge 374 2014-2017 articles of agreement.

Negotiations for Exemptions and Waivers From Local Paid Sick Leave Laws Have Begun

Across the US, local governments have been passing paid sick leave laws. Buried in the new paid sick leave laws, ordinances, and related regulations are little known or publicized exemptions. These exemptions appear in the third column of the Practice Note, Paid Sick Leave State and Local Laws Chart: Overview, "Effective Date, Employer Coverage and Exemptions." A majority of the new paid sick leave laws exempt employees covered by CBAs. (See Legal Update, Exemptions from Local Minimum Wage Spikes and Paid Sick Leave Mandates.)
Through the What's Market CBA Database, Practical Law is tracking as parties negotiate CBA terms to qualify for these exemptions from, or waive coverage under, these local laws. For example, search for "sick" within:

Where the Deere and the Illuminators Play

Plant closure and layoffs are discouraging words that were seldom heard where certain John Deere and United Illuminating Company employees worked. Deere & Company and the United Autoworkers negotiated a rare manufacturing industry moratorium on plant closures from 2009 through 2015 (see Deere & Company, et al. and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, et al. collective bargaining agreement).
Employees of specified seniority tiers also were immune from layoffs at The United Illuminating Company from 2011 through 2017 (The United Illuminating Company and Local 470-1 of the Utility Workers Union of America agreement).

Pay Minimums Are Hardly Minimal for Professional Athletes

From insurance benefits to staffing levels, grievance and arbitration procedures to drug testing, and revenue sharing to individual personal service contracts, professional athlete unions and sports leagues negotiate more CBA terms and qualifiers than in any other industry. Pay scales are just the starting point for distinguishing professional sports CBAs from all others.

There's Family, and Then There's Family

Most CBAs include bereavement leave provisions permitting employees to miss scheduled work days with pay. Many parties have negotiated for varying numbers of paid days off depending on the parties' view of what familial relationships are proximate or distant. For example, employees may have the following days off to attend funerals:
  • Three days for an immediate family member, as specified.
  • Two days for a:
    • grandmother or grandfather; or
    • son- or daughter-in-law.
  • One day for a:
    • brother- or sister-in-law; or
    • niece, nephew, aunt or uncle, if related by blood.
Tiers for tears, so to speak.
Some CBAs provide for paid bereavement leave when a co-worker dies, but only if the leave-seeking employee serves as a pallbearer in the co-worker's funeral.

Alaskans Have a Grasp on Their Mortality

Continuing the morbid theme, Alaskan unions and employers acknowledge the prospects of death on the job and earnestly negotiate about it more than employers and unions elsewhere. For example, acknowledging that employees often must travel to remote locations and work in extreme conditions, only CBAs from Alaska include provisions about:

The Wobblies Believe That Children Are Our Future

The International Workers of the World, also known as the Wobblies, is a decentralized union outside of the customary trade or industrial union mold with an infamous past (for example, see In re Thompson, 209 F. Supp. 494, 496-97 (1962)). The union has been quietly under the national labor relations radar for most of the past fifty years. However, recently, when not causing a ruckus for Jimmy John's or Starbucks (see Legal Updates, Union Poster Campaign Suggesting Franchisee Sells Contaminated Food was Lawful: Supervisors' Endorsement of Facebook Harassment was Not: NLRB and Wobbly-Supporting Barista Remained NLRA-Protected Despite Profane Customer-Facing Outburst: NLRB), Wobblies are representing youth counselors and youth crisis intervention specialists at group residential homes (see Janus Youth Programs and Portland Industrial Workers of the World General Membership Branch Harry's Mother Bargaining Unit collective bargaining agreement).