Huntington strikes continue; law professor talks what it means to bargain in 'good faith' - WCHS-TV8
HUNTINGTON, W.Va. (WCHS) — It is a phrase that has been used time and time again throughout the duration of both the Cabell Huntington Hospital strike and the one at Special Metals negotiating in "good faith."
As the parties in both strikes are expected to return to the table in the coming weeks as the unions and companies have been at odds over contract negotiations, Eyewitness News took a closer look at what exactly it means to bargain in good faith.
Professor Anne Lofaso teaches labor law at West Virginia University College of Law, and she will be the first to say that labor law is complex and it often is case by case. There is federal black letter law, however, to help determine what constitutes good faith negotiation.
“The first thing you want to look at is whether there is a regressive bargaining proposal," she said. "A regressive bargaining proposal is when one side puts forward something and then the next proposal is a little bit not as good.”
While both sides might make the accusation that the other is not acting in good faith, the National Labor Relations Board will ultimately determine if a party was not acting in good faith. If a charge is filed from a member of either party or even from a member of the public, the board will review meeting minutes or any kind of documentation to make the determination.
“The government doesn’t care who gets the better deal, what the deal looks like. They’re basically just umpires making sure the deals are fair and in good faith," Lofaso said.
Federal law states that good faith means both parties must meet at reasonable times. Lafaso said that does not necessarily mean how often they meet, just that they are not meeting at midnight if they are daytime employees. Both parties must also come to the table with the mindset of reaching an agreement.
“All these other things are so factually intense that you really would have to see what the government says about it, and of course both sides would be able to bring that to the courts of appeals," she said.
Lafaso said proving that a party is negotiating in not good faith is often difficult because it would be hard to prove someone's mindset or intention in some cases. If found to be true, it is something that carries no penalties, only remedies.
“The strike will stop at some point,. They will come to an agreement, and they’ll be in litigation. They may or may not depending on how good each side likes what happened. Then the board will determine whether or not there was not good faith negotiation. But the remedy for bargaining in not good faith is to go back to the table. That’s another thing. It’s not to sweeten the deal. The government is neutral on these things," she said.
Special Metals is set to back to the table with United Steelworkers Local 40 on Dec. 14. The hospital and SEIU District 1199 will go back on Nov. 30. Special Metals has been in strike in Huntington since Oct. 1. The service and maintenance workers at Cabell Huntington have been on strike since Nov. 3.
Hear more from Lofaso in this extended interview:
source: https://wchstv.com/news/local/huntington-strikes-continue-law-professor-talks-what-it-means-to-bargain-in-good-faith
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