Where there is a collective bargaining agreement covering employees in an industry affecting commerce, the duty to bargain collectively means that no party to such contract shall terminate or modify that contract, unless the party desiring such termination or modification does each of the following:

  1. Notifies the other party to the collective bargaining agreement, in writing, about the proposed termination or modification 60 days before the date on which the collective bargaining agreement is scheduled to expire. If the collective bargaining agreement is not scheduled to expire on any particular date, the notice in writing must be served 60 days before the time when it is proposed that the termination or modification take effect.
  2. Offers to meet and confer with the other party for the purpose of negotiating a new collective bargaining agreement or a collective bargaining agreement containing the proposed changes.
  3. Within 30 days after the notice to the party, notifies the Federal Mediation and Conciliation Service of the existence of a dispute if no agreement is reached by that time. The party must also notify, at the same time, any state or territorial mediation or conciliation agency in the state or territory where the dispute occurred.
  4. Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing collective bargaining agreement until 60 days after the notice to the other party was given or until the date the contract is scheduled to expire, whichever is later.

In the case of a health care institution, the requirement in numbers one and four is 90 days and, in number three, is 60 days. In addition, there is a 30-day notice requirement to the agencies in number three when a dispute arises in bargaining for an initial collective bargaining agreement.

  • The requirements of numbers two, three and four above cease to apply if the NLRB certifies that the union was replaced by a different representative or was voted out by the employees.

Neither party is required to discuss or agree to any change of the provisions of the collective bargaining agreement if the other party proposes that the change become effective before the provision could be reopened according to the terms of the contract.