Contract Negotiation


Whether top, down or bottom up organizing, Arnold and Kadjan, LLP is prepared to bargain initial and/or successor agreements, what you obtain in bargaining is often directly proportionate to the time and preparation in assessing the union position.

9(a) Conversion

The hottest topic in construction labor is conversion of 8(f) pre-hire contracts (existing only in the construction industry) to 9(a) recognition agreements without the need of a certified election.

How its done, when its done (long before contract negotiations) and what the document must say and what the union must demonstrate to defeat a challenge to voluntary recognition is all state of the art at Arnold and Kadjan who obtained voluntary 9(a) recognition from the Painting and Decorating Contractors Association 15 years ago.

Unions and employers cannot guess as this is too important an issue.

Mandatory subjects of bargaining and management rights, zipper clauses, checkoff, Beck rights, closed shop union security, automatic contract renewal (evergreen clauses), seniority, bidding, call out pay, subcontracting, dovetailing and end-tailing of seniority, exclusive hiring and referrals, welfare and pension programs, these are just a few of the many subjects covered by the broad heading of wages, hours and working conditions.

Conversely, management can be guilty of an 8(a)(5) unfair labor practice by refusing to bargain, bargaining directly with the employers, granting or withholding a benefit to the union without bargaining, or refusing to execute the contract after its negotiated.

Complexity is compounded by the rules area wide or association bargaining regarding timely notice to union of withdrawal from the multi-employer association and the use of interim bargaining agreements to bind non association members, and impasse and implementation of final offers.

Skilled counsel can create a roadmap to through the twists and turns of contract negotiations. Arnold and Kadjan, LLP negotiates area-wide various construction trade agreements for unions covering hundreds of employer’s per trade to put this knowledge and know-how to work for you.