Both employers and employees/unions may file unfair labor practice charges against the other with the National Labor Relations Board.
One reason for which an unfair labor practice charge may be filed is if either side refuses to meet and confer in good faith with the other about the mandatory terms of collective bargaining after a collective bargaining agreement has expired
What is Good Faith?
· Good faith does not require the sides to agree to a proposal or make a concession. Rather, good faith merely requires the sides to come together at reasonable times to collectively bargain with respect to the three mandatory terms of collective bargaining.
What Amounts to Bad Faith?
Bad faith is:
· Failing to meet at reasonable times with each other to collectively bargain
· Refusing to recognize a union as the players’ exclusive bargaining representative (e.g., team owners negotiating directly with players instead of the players association)
· Failing to provide relevant information related to wages, hours, and terms of employment
· Information becomes relevant to collective bargaining when the issue is raised at the collective bargaining table.
· Example: If an owner says he or she cannot afford to pay players higher salaries at a press conference to the media, outside of collective bargaining, this information is not relevant.
· Example: If the same owner makes the statement that he or she cannot afford to pay players higher salaries at the bargaining table, then the information is relevant. He will likely be required to open his financial books to the players association to prove his claim.