Union Approach to Health and Safety: - United Steelworkers

Resource Handout
HEALTH AND SAFETY AND COLLECTIVE BARGAINING LAW
Collective bargaining laws give workers the rights to organize, bargain, and act
collectively to improve workplace conditions. Workers and unions have certain safety
and health rights under these laws in addition to the rights they have under the
Occupational Safety and Health Act (OSH Act).
Who Is Covered by Collective Bargaining Law
Most private sector workers are covered by the National Labor Relations Act (NLRA),
except for airline and railroad employees who are covered by the Railway Labor Act.
In some states, employees of state, county, municipal governments are covered by state
collective bargaining laws that have provisions similar to those in the NLRA (while some
states have no collective bargaining laws for public employees).
Federal employees (with the exception of employees of the U.S. Postal Service who are
covered by the NLRA) are covered by the Federal Labor Relations Act which has
provisions similar to those in the NLRA.
Each of these laws is administered and enforced by a government agency. For instance,
the NLRA is administered and enforced by the National Labor Relations Board.
Right To Bargain Over Workplace Safety and Health
Under most bargaining laws, workplace safety and health is a “mandatory subject of
bargaining”. Employers have a duty to bargain with unions over mandatory subjects of
bargaining. This means that the union has the right to bargain over safety and health
matters. The union must request bargaining, or it may give up its right to bargain. The
request should be made in writing. The employer must bargain with the union over
safety and health and cannot make unilateral changes in anything having to do with safety
and health. This right to bargain applies during the term of the contract as well as during
contract negotiations. If the employer refuses to bargain, then the union can file a failure
to bargain charge with the agency that enforces the bargaining law.
Right for Unions to Get Health and Safety Information
One of the most useful tools provided by bargaining law is the right of unions to obtain
information from employers, including health and safety information. An employer is