There are no specific legal time frame requirements, although individual Association bylaws may require specific notification time frames (see NCGMA bylaw requirements below).

If there is no bylaw requirement, we (SGIJ Law Firm) recommend notifying members at least 60-days prior to opening negotiations with the Union. This will ensure members have sufficient time to provide feedback to the Negotiations Committee.

As of March 1, 2020, the NCGMA CBA does not specify any requirements for employers that wish to withdraw from the agreement.

NCGMA CBA regarding CBA notification:

There is no language that references notification to members in the NCGMA CBA as of March 1, 2020.

NCGMA Bylaws regarding CBA notification:

There is no language that references notification to members in its bylaws as of March 1, 2020.

Template language for active member notification if the Association chooses to provide it:

“The Association is preparing to enter negotiations for a new Collective Bargaining Agreement. Should you no longer wish to have NCGMA represent you during negotiations, you are required to provide timely, written notice to the Association revoking its bargaining authority to negotiate on your behalf and to the Union stating your intent to terminate on the current Agreement’s expiration date.

Please note that a company revoking the Association’s bargaining authority will cease to be an Active Member as prescribed by the Association’s bylaws. You are encouraged to consult with your own labor attorney for guidance should you elect to proceed independent of the Association.”

Under Federal labor law, in order to be able to bargain individually with a Union for a new agreement, a contractor that is a member of a multiemployer bargaining unit must (1) send in a timely termination notice in accordance with the terms of the CBA and (2) withdraw from the multiemployer bargaining unit/association prior to the start of the formal negotiations for a new Master Labor Agreement. The contractor should also send an 8(d) notice to the federal and state mediation and conciliation services within 30 days of sending the notice of termination.

The Association should not start negotiations before members are notified and have the opportunity to terminate their individual agreement and revoke the Association’s bargaining authority. An exception is if there is a written agreement from the Union that any negotiations prior to May 1st will not bind any individual contractor member of the Association who revokes the Association’s bargaining authority. If the Union does not agree to that Bargaining Ground Rule (Sample Bargaining Ground Rules can be found here), the Association should not meet for early negotiations.

The Association is not required to notify non-active members of anything related to negotiations. However, by increasing its membership base, the Association also increases its bargaining power. We (SGIJ, Law Firm) suggest sending the following notice to non-active members before the Association starts negotiations:

Template language for non-members prior to negotiations:

“The current union agreement expires on XX. NCGMA will be entering into negotiations for a new industry-wide Master Agreement soon. The Association would appreciate your input on contract proposals before it enters into negotiations, a benefit only provided to signatory members who have signed an Active Member Application with the Association. If your company would like to be represented by the NCGMA in negotiations and receive exclusive Active Member communications, contact XX regarding the membership process.”

No, Associations are not required to confirm its status as the bargaining representative for Active members who have signed their power of attorney, unless the bylaws have specific requirements. We (SGIJ Law Firm) recommend notifying members at least 60-days prior to the January 31 deadline in the year the Agreement is being negotiated with the Union to ensure they have a sufficient amount of time to revoke the Association’s bargaining authority on their behalf. Contractors who do so must also notify the Union in writing and via certified mail of their desire to remove their signatory status.

NCGMA CBA regarding confirmation requirements:

There is no CBA language that requires signatory contractors be contacted as of March 1, 2020 but, only provides a notification requirement of DC16 and NCGMA as follows in (Article 1, Duration of Agreement) as of March 1, 2020 - “This Agreement shall remain in full force and effect except as noted hereinafter, July 1, 2018 to June 30, 2021 and shall continue in effect from July 1 to June 30 of each year thereafter unless at least sixty (60) days written notice is given by either party prior to June 30, 2021 or any subsequent June 30 requesting modification and/or termination.”

NCGMA Bylaws regarding confirmation requirements:

There is no language in their bylaws that references notification to members as of March 1, 2020 but, it DOES require bargaining authorization of all Active members as follows:

NCGMA Bylaws Language (2.2.2) -“Active members must be bound by a current collective bargaining agreement with District Council of Glaziers No. 16 or a successor organization (“Union”) and designate the Association as its representative for collective bargaining purposes with the Union. Any member who revokes its bargaining authorization from the Association may elect to be an inactive member in the Association effective with the last day of the calendar month in which the revocation letter is received.”

Once negotiations have begun, employers cannot communicate with employees regarding the negotiation.

Once a tentative agreement is reached, employers can open communication again with their employees. Employers cannot tell their employees how to vote at any time. However, employers can encourage their employees TO vote.

Employers are very limited in how they can communicate with their employees about their proposals during negotiations. The National Labor Relations Act allows employers to communicate about their proposals only if they communicate the information to the Union first. Employers may respond to misrepresentations or misinformation made by Union representatives regarding their proposals. Employers can communicate with employees prior to the ratification vote, but again, cannot tell their employees how to vote and must communicate information about their proposals to the Union first.

Yes, Association management can communicate details once a tentative agreement is reached. However, they cannot tell them how to vote or influence voting.