What does (and doesn’t) happen at contract expiration

As the expiration of our current contract draws closer on Tuesday, March 10, and with an agreement not imminent, many of you are wondering what will happen next..

It is not unusual for Collective Bargaining Agreements (“CBA”) to be negotiated and settled after a contract expires. The TCMNA bargaining team remains committed to negotiating in good faith until we reach a tentative agreement, which would then be voted on by the members. 

When the contract expires, all terms and conditions of the collective bargaining agreement continue and are in full force until a new agreement is reached. This is known as maintaining the “status quo.”

This means: the wage scale and differentials are still intact, as are scheduling, seniority, holidays, health benefits, and working conditions remain the same. The employer cannot make unilateral changes after expiration while negotiations continue. If you see that happening on your unit, inform a union rep right away.

Some contract clauses expire with the contract, though: 

• The no strike/no lockout/no picket article automatically expires when the contract does. So, after expiration, we would have the option of conducting a picket/job action/strike.
• Both parties will continue to work on resolving disputes; however, with expiration, the medical center would have the option to refuse to recognize arbitration for any grievance that occurs and is filed during the open period (when there is no contract in effect).
• Finally, the management rights article also expires with the agreement. 

With the expiration of the management rights article, TCMNA can demand that the employer negotiate over all changes to the terms and conditions of employment that formerly were in the sole discretion of management, including seemingly minor items. The employer can continue to make decisions about hiring, discipline, termination, and layoffs. 

One thing to consider is that the longer the time passes after the expiration date, the bigger the issue of retroactive wage increases becomes.

If the union and the medical center feel stuck while working to reach an agreement, we can agree to bring in a federal mediator to assist in getting a final tentative agreement. 

How do we win a fair contract?

It is our members who demand a fair contract. The hospital is not going to simply “give” us anything. 

To be successful, we need to build our bargaining power. Bargaining power is our ability to achieve our goals in the face of opposition from the employer. It comes from our solidarity – our determination and willingness to stick together. 

Displaying solidarity improves our ability to address member issues and help to shape the final agreement. Sharing information and taking part in solidarity activities shows management we are united and willing to fight for a fair contract, safe patient care and dignity at work.