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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116737
Experience:  20+ Years of Employment Law Experience
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I am currently holding negotiations for a new CBA with my

Customer Question

I am currently holding negotiations for a new CBA with my employer. Although we have reached a T/A on most issues, my employer will not agree to anything unless we accept a new pay structure for drivers. They want to switch us from hourly to a commission base compensation, we have repeatedly told them we are not taking the new structure. My question is:
1) can they change the way they pay us without our agreement?
2) can they legally force us to take this?
Submitted: 6 months ago.
Category: Employment Law
Expert:  retireddebra replied 6 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  retireddebra replied 6 months ago.

What province is this please?

How long have you worked there for?

Why are new negotiations needed at this time?

Customer: replied 6 months ago.
New Jersey
I've worked there for 4 years
The current CBA expired on 10/31/16
Expert:  retireddebra replied 6 months ago.

This question is on the wrong list. I will ask the site to move this to the US list.

Thanks

Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They can change the way they pay you, but it would have to be part of the agreement. If you and the employer cannot come to an agreement the employer can make their "last best offer" and it is then up to the union to either accept the proposal or the employer declares an impasse and can implement the last best offer and then force the union to accept or seek binding arbitration against the employer.

So they can legally make their final or last best offer, if the union rejects, the employer can declare an impasse and implement the last or final best offer and force the union to accept it or seek binding arbitration on the issue. Unfortunately, the way these matters have been going lately, if the compensation plan is reasonable, arbitrators have not been overly friendly to the unions on this type of issue, especially where there has been essentially an agreement on most of the other issues.

The alternative is for the union to regroup and decide what other issues they could possibly give up to try to bargain to get the compensation package they want for the drivers, which has come to be known over the last few years as "concession bargaining" which means the union has to give things up to get other things, even though the union really does not want to do so.

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