How Does Collective Bargaining Work?

Collective bargaining is a process through which our union, CNA, and UC exchange proposals, share ideas, mutually solve problems and reach a written agreement. 

Most times, bargaining occurs when an existing contract is going to expire; however, sometimes bargaining will occur after organizing a new bargaining unit (which is what occurred here at UCSF when a group of five CRNAs were hired years ago). Both sides form teams, gather information (CNA through surveys) and negotiations begin. 

Each round of successive negotiations allows the parties to revisit existing agreements. New agreements can be added but just as importantly, existing agreements may be removed. The resulting approved contract legally binds the union and the employer.

Here is a general overview of how the collective bargaining process commonly unfolds.

1. PREPARING FOR BARGAINING 

The union’s bargaining team is selected through a process outlined in the union’s constitution and/or bylaws, while UC designates the management team. Each side analyzes the current collective bargaining agreement to identify areas they want to improve. 

• In March, a departmental survey will be sent to UCSF CRNAs to compile top issues for UCSF CRNAs. These results will be passed to the developers of the CNA survey. 
• In April of this year, CNA will launch a survey to CNA members at all sites to discern the top issues. 
• In May, the CNA survey from all UC sites, will conclude.
• In June, with all survey results, CNA state delegates will develop a platform and submit a "Notice of Intent to Negotiate a Successor Agreement'' to UC, indicating that CNA intends to bargain.
• In July, UC notifies CNA of a "Notice of Intent to Negotiate a Successor Agreement''.

2. CONDUCTING NEGOTIATIONS 

Negotiations usually take several rounds of bargaining. The union and management express the rationale behind their proposals.  

• In mid-July, bargaining will begin with a nine-member CNA team. Three APRNs, one student health representative, RNs and a labor representative from CNA will be be part of the bargaining team. 
• August-October, negotiations continue.
• In October, our contract expires.

State law and court cases determine the mandatory, permissive and prohibited subjects of bargaining.

Some contract provisions remain predominantly the same from contract to contract while others, such as cost of living adjustments (COLA), are bargained with each contract. The parties may modify some sections and either side may propose a new bargaining topic. CNA negotiates to add new benefits for the members but also to prevent UC from removing existing benefits from the contract. With the last negotiation, UC conveyed intent to bargain on (take-away) 60 existing areas of the contract.

3. RATIFYING THE CONTRACT 

When CNA and UC teams reach a tentative agreement, they review their proposed contract with their respective consistency groups.

CNA will then ask RNs to vote on the tentative agreement, usually by secret ballot. A majority of votes determines if a contract is ratified (accepted) or rejected.

4. RESOLVING A CONTRACT DISPUTE

If the parties cannot reach an agreement, state law generally specifies how the dispute can be resolved. 

Usually, the parties can use mediation, arbitration, or strike to reach an agreement.

5. CHANGING OR CLARIFYING THE CONTRACT

With the agreement of both UC and CNA, any section of a ratified contract can be revised during the term of the contract.

In addition, either at the bargaining table or during the life of a contract, the parties can bargain related to a specific issue. This allows both parties to reach an agreement on a new or unforeseen issue that is important to both CNA and UC.