What is a demand to bargain?

A Demand to Bargain (DTB) is a request by either the Union or Management to the other party that they wish to negotiate policies, procedures or agreements. Most DTBs are issued by the Union to Management.

What to say in a demand to bargain

Dear [Installation Labor Relations Point-of-Contact]: AFGE Local 1273 hereby demands to bargain fully concerning all bargainable matters relating to [name of the change being proposed by the installation/agency/Department].

What not to say in a demand to bargain

  • The Union requests to bargain the impact and implementationof the change management is proposing to make
  • The Union requests to bargain procedures and [appropriate] arrangements for implementation of the change management is proposing to make

Examples

Asking to bargain on "i and i" waives the Union's right to bargain things it has the statutory right to bargain.

Example: If an installation proposes to change the parking policy, under the law the Union can bargain the content (substance) of the policy because parking is a condition of employment. But if the demand is only for "i and i" bargaining, then the Union waived its right to bargain what the new policy will be, and, because of its waiver, may only be able to bargain how to implement what management alone decides will be the new policy.

Substance:

  • who is eligible for parking; how many "slots" will be provided to employees; where the employees' parking areas will be; what security will be provided for parking; parking spaces for union use; and others
  • "i and i," Procedures, Arrangements: * the number and location of parking "slots" is determined by Management, the Union can bargain how those "slots" will be allocated or used by employees and others.

Notes:

  • Read Article 46, Local Supplements; it contains certain ground rules that apply to Local Supplemental Agreements
  • Read Article 47, Midterm Bargaining for full compliance and full exercise of the Local's midterm bargaining rights. The Ground Rules in Article 46 do not apply to Midterm Bargaining

Ground Rules

  • Contacting the mediator will be done jointly or either party may elect to the mediator - the Union should not waive its right to get mediation unilaterally.
  • Handling negotiability disputes (not recommended for most ground rules)
  • Publicity/contact with employees and others is a right of the Union that should never be waived
  • Ratification: if discussed with management the discussion is only for informational purposes. It is not a subject for bargaining. However, be sure to notify management prior to bargaining that the Union will use a ratification process prior to signing the agreement, if that will be the case.