Post-NLRB Election Obligations and Bargaining
After a union election the work of living with the result begins. This explainer describes in general terms what follows an election, where agricultural workers differ and how both sides can prepare for bargaining.
Start with coverage
The federal process for elections and bargaining applies to many private-sector workplaces but excludes agricultural laborers. A milk plant may be covered while a farm may not. Confirm with the National Labor Relations Board and a labor attorney before assuming anything.
The rest of this article describes the general process for covered workplaces and does not predict any outcome.
Timelines and procedures differ by case and change over time, so do not rely on a friend's story from another workplace. Ask the agency for the current process.
What generally follows an election
In general terms, after a vote the results are counted and, if there are objections, the agency reviews them. If a union is certified as the representative, the employer is generally expected to bargain in good faith about wages, hours and other terms. If the union loses, a period follows during which another election is generally not held. Check the current rules for details.
Do not retaliate against anyone based on how they voted or what they said. Keep daily management fair and consistent.
Whatever the result, the first weeks afterward set the tone. Tell the crew what happens next in plain language, and keep animal care and routine unchanged.
What good faith bargaining means
Good faith means showing up, listening, making real proposals and responses, and explaining positions. It does not mean either side must agree. Bargaining can be slow, and sessions can involve many drafts.
Employers should avoid making unilateral changes to terms that are subject to bargaining without legal advice. Workers should expect that bargaining takes time and may not give everything they hope for.
If a first contract is reached, both sides should read it carefully, explain it to the crew in plain language and agree on who answers questions about it. Misreadings of finished contracts cause more trouble than most people expect.
- Prepare proposals with data
- Meet at agreed times and places
- Respond to the other side's proposals
- Keep notes and a record
- Keep the dairy running while talks continue
Typical topics for a dairy
Wages, scheduling, overtime, shift premiums, safety, PPE, housing, transportation, seniority and discipline are common topics. See related explainers at this agricultural jobs guide for roles and this farm safety guide for safety ideas.
Pay rules have a legal floor set by agencies such as the Wage and Hour Division, and a contract cannot go below what the law requires. Check current rules with the agency, since this article states no figures.
Both sides should agree early on ground rules for meetings, such as time, place, who attends, how notes are kept and how information is shared with the crew.
Preparing as an employer
Gather accurate payroll, hours, turnover and injury data. Decide who will speak for the dairy and who will approve decisions. Brief supervisors on what they may and may not do. Keep an attorney involved.
Small farms and large dairies differ in capacity. A small plant owner may need an outside negotiator, while a larger one may have an HR lead. Either way, set a budget for time and cost.
Think about timelines realistically. First agreements can take a long time, and the dairy has to function in the meantime.
Preparing as a worker
Know who your representatives are, how they were chosen and how decisions are made. Ask what priorities have been collected and how members will vote on a proposed contract. Keep records of your own pay and hours.
Ask questions in meetings, read drafts and share concerns through the process. The Department of Labor and the Texas Workforce Commission offer related information on pay and workplace rights.
Ask your representatives how decisions will be shared and how workers can see drafts. Good process is part of what makes a result feel legitimate. The EEOC and BLS also publish information that helps both sides plan.
Disagreements and what is disputed
Supporters of bargaining say it produces written, enforceable terms and a stable voice. Critics say it can slow decisions and raise costs, especially for small operations. What bargaining actually produces depends on the people and the market, and research results vary.
For a break, farm.FM has dairy stories and farm economics pieces, and a farm.FM piece on negotiation. This is general education, not legal advice.
Remember that the dairy business still has to pay its bills, and workers still have to pay theirs. Seeing the other side's pressures makes progress easier.
Sources and further reading
- National Labor Relations Board: federal labor relations agency
- U.S. Department of Labor: labor rules and programs
- DOL Wage and Hour Division: federal wage and overtime rules
- Texas Workforce Commission: employment and labor programs
- Bureau of Labor Statistics: labor and price data
- U.S. EEOC: workplace discrimination and harassment rules
Ask locally: Ask a Texas labor attorney about coverage and the next steps for your workplace.