Bargaining Unit | Practical Law

Bargaining Unit | Practical Law

Bargaining Unit

Bargaining Unit

Practical Law Glossary Item 1-504-3640 (Approx. 3 pages)

Glossary

Bargaining Unit

In the labor context, a group of two or more employees who share common interests in their terms and conditions of employment and who either:
  • Are represented by a union for the purpose of bargaining over terms and conditions of employment.
  • Seek to be represented by a union.
The bargaining unit is usually defined in the collective bargaining agreement and described by the employees' type of work, job classification or location. For example:
  • All production and maintenance employees.
  • All truck drivers.
  • All non-supervisory employees at a particular plant.
The appropriateness of a bargaining unit may be determined either by agreement of the parties or by the National Labor Relations Board (NLRB) at a hearing. In determining the appropriateness of a bargaining unit, the NLRB generally considers the employees' community of interest, including:
  • Common terms and conditions of employment, such as:
    • wages;
    • benefits;
    • hours;
    • shifts; and
    • duties.
  • Common supervision.
  • Common work locations.
  • Contact among employees at different work locations.
  • Integration of the employer's operations (for example, how different departments interact).
  • Employees' skills and functions.
  • Frequency of employee transfers between positions.
An employee is only eligible to vote in an NLRB election if he is a member of the bargaining unit at issue in the election.
For more information, see Practice Note, Labor Law: Overview.