WORKING UNDER AN EXPIRED AGREEMENT:
What it Really Means

Many fear that if the contract expires, the company will be able to do whatever they want. THIS IS NOT TRUE. The NLRB has repeatedly held that almost every aspect of a contract remains in effect when a contract expires. In other words, the status quo prevails. This includes issues like wages, benefits, and just cause.

There is a very limited list of things that are suspended when a contract expires. They are:

  • Union Security Provisions. Provisions in the contract that require workers to pay agency fees if they are not union members are no longer in effect. Dues checkoff is still in effect.
  • Binding Arbitration. The company is not required to arbitrate issues that arise after the contract expires. However, the rest of the grievance procedure remains in full effect. Your shop committee can and should continue to file grievances after expiration. If issues arise after the contract expires, these issues can be taken up by National Negotiators and fought for using the full leverage of national negotiations. However, it is harmful to create new problems to solve in negotiations, so it is strategic to work according to rule.
  • Management Rights Clauses. Any provision that gives management the right to make a change in working conditions without negotiating is now suspended. The company has to negotiate over any changes.
  • No Strike, No Lockout. It is no longer a violation of the contract to strike, or for the company to lock out workers. But that does not mean you can go on strike whenever you want without consequences—only some strikes are protected by the National Labor Relations Act. It is important to strike only when instructed by your Local leadership and International Union.


Bargaining to Impasse

There is one general exception to the principle of the status quo, beyond the four specific exceptions above. If negotiations reach an impasse, then the company can impose it’s last final best offer. However, impasse can be avoided by our negotiators if they continue to negotiate in good faith and make counter-proposals, which they will be careful to do because of our union’s current strategy.

 

Sources:

“Working Without a Contract: A Strategy Whose Time Has Come” by lawyer Robert M. Schwartz

UAW’s “Stand Up Strike Frequently Asked Questions”

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