Good Faith Negotiations #
AJP standards require that employers negotiate with employees, and buyers negotiate with sellers, in good faith. What does that mean? The AJP standards define good faith as follows:
Good faith: Honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled.
In general terms, negotiating in good faith means bargaining fairly, honestly, and in a forthright manner with the other party. It means committing to see the process through to a mutually beneficial conclusion. The National Labor Relations Board and the courts have set out more specific legal guidelines for negotiating in good faith with a union, which generally mean that an employer has to
- Meet with worker representatives with no unreasonable delays and at reasonable times;
- Work genuinely towards reaching an agreement;
- Bargain over terms and conditions, including wages and hours, safety practices, disciplinary rules and process, work assignments, etc.;
- Put agreements in writing;
- Avoid unilateral changes to working conditions;
- Provide information to worker representatives about the business on request;
- And so on.
Most employers will probably not find themselves in formal negotiations with a union, but the principles remain the same for any employer whose workers want to negotiate with them.
Freedom of Association & Collective Bargaining #
Relatedly, the AJP standards also require employers to respect their workers’ freedom of association and rights to collective bargaining.
Freedom of association refers to the right of workers to act together and join or form organizations as they choose, without interference or reprisal. Closely related is collective bargaining, which refers to workers’ right to collectively raise work-related concerns, negotiate terms of their employment, and lodge complaints or grievances without any employer reprisals. Negotiations may be on an individual basis, in small groups, or collectively. It can be informal, such as workers simply coming to the employer or supervisor with concerns or requests, or formal such as unionization and related contract negotiations, or anything in between - all based on the wishes and decisions of the employees themselves. Under AJP standards workers may also choose to include third-party worker advocates in any meeting with management, including negotiations over working conditions and terms of employment.
These are minimal principles of workplace democracy and, crucially, are guaranteed by law for most workers: the fact that farmworkers and domestic workers are excluded from these rights is a legacy of racial apartheid across the South. These requirements do not mean that an employer forfeits control over their business. Rather, an employer must be responsive and receptive to the needs and desires of workers. Any employer who cares about the well-being and safety of workers, or wants employees to invest their energies in the business’s long-term success, will benefit from these practices.
Further reading on unions and negotiation #
- For one farmer’s appreciations of negotiation and collective bargaining, see Jim Cochran on negotiating a union contract at Swanton Berry Farm.
- Beyond Neutrality – Intended as a resource for pro-union employers and managers whose employees are organizing a union, also includes a variety of resources that workers will find useful, like a basic guide to the steps of unionization. Includes advice specific to non-profits.
- Organize Your Organization – Handbook and resources for non-profit employees interested in a union and collective bargaining.
- See our synopsis of the popular book Getting to Yes by Fisher and Ury, which offers helpful tips for trying to negotiate agreements that offer benefits to each party. Includes notes about the book’s shortcomings.
Interested in organizing a union? #
- The Emergency Workplace Organizing Committee (EWOC) has the best resources for getting started with organizing among coworkers. They have a variety of guides and offer 1:1 consultation. EWOC especially emphasizes the strategy of “pre-majority” unionism, which is aimed at building solidarity and power even before you win an election.
- The AFL-CIO has a selection of resources on getting started with union organizing.
- Organize Your Organization addresses the special situation of nonprofit employees.
We also highlight that labor movement organizers are grappling with serious strategic challenges due to the anti-worker bias of US labor law (as well as the anti-union position of the Trump administration). Beyond the NLRB, (Center for Work and Democracy, ASU, 2024) breaks down the challenges at hand, the need for strategic innovation, and a selection of promising labor movement strategies that sidestep the formal union election process. AJP’s position is that principled employers must support efforts to win better labor laws for workers, because anti-worker laws are subsidies for the worst employers. Without legal checks on bad employers, better employers are forced to compete on their terms.