When negotiating a collective bargaining agreement, one important consideration is the inclusion of a successor clause. A successor clause outlines what happens when the current agreement expires and how negotiations for a new agreement will proceed.

In simplest terms, a successor clause dictates that the terms and provisions of a current agreement will remain in effect until a new agreement is reached. This ensures that the terms of the agreement, including wages, benefits, and working conditions, are maintained even if negotiations for a new agreement stall.

However, a successor clause is not only important for the continuity of working conditions; it can also have legal implications. If a successor clause is not included in the agreement, an employer could argue that they are not bound to the terms of the expired agreement.

For example, if a union strikes after an agreement has expired but before a successor clause is in place, the employer could argue that the strike is illegal since the expired agreement no longer applies. This could result in a court battle and the potential loss of the union`s bargaining power.

In addition, a successor clause can impact the bargaining process for a new agreement. It can provide a framework for negotiations, outlining deadlines for reaching a new agreement and procedures for resolving any disputes that may arise during negotiations.

It`s important to note that there is no one-size-fits-all approach to including a successor clause in a collective bargaining agreement. The specifics of the clause will vary depending on the needs and goals of the union and employer.

Some common elements of a successor clause include defining the scope of the agreement, specifying the duration of the clause, and outlining procedures for negotiating a new agreement.

Overall, a successor clause is an essential component of any collective bargaining agreement. It ensures that the terms of the agreement remain in effect and provides a framework for negotiations for a new agreement. By including a successor clause, both unions and employers can avoid legal battles and ensure that workers` rights are maintained even in a changing labor landscape.