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Which Bargaining Subjects Are Prohibited?

David Miller • • 6 min read
Which Bargaining Subjects Are Prohibited?

Permissive subjects of bargaining are those subjects about which the employer and the union may bargain, but neither side may bargain to impasse. Prohibited subjects of bargaining include those that would violate the National Labor Relations Act

National Labor Relations Act
The National Labor Relations Act of 1935 (also known as the Wagner Act) is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes.
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or other federal, state, or local laws.

What prohibited bargaining issues?

Prohibited subjects of bargaining are those subjects that, if included in a collective bargaining agreement, are unenforceable as a matter of law. For instance, a right protected under federal or state law cannot be bargained away in an agreement.

What is an illegal subject for collective bargaining?

An illegal subject of bargaining is one where, even if it is included in a collective bargaining agreement, it is unenforceable. For example, if a labor contract said that if employees are late to work three times in one week, those employees are required to snort cocaine the rest of the month.

David Miller
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David Miller

David Miller brings 15 years of experience in global economics, personal finance strategy, and market dynamics. He specializes in turning complex economic trends into actionable insights for everyday readers.