Proposed Article I, Section 28(2)

Proposed Article I, Section 28(2), defines the duty to “bargain collectively.” The employer and the union representing the employees must “negotiate in good faith regarding wages, hours, and other terms and conditions of employment,” and must “execute and comply with any agreement reached” by the parties. Courts have said that negotiating in “good faith” depends on whether a party “actively engaged in the bargaining process with an open mind and a sincere desire to reach an agreement.”[42]

The text of this proposed subsection also indicates, however, that the duty to bargain in good faith “does not compel either party to agree to a proposal or make a concession.” Such language appears elsewhere in state and federal labor law, and it may have a significant impact on labor dispute resolution methods currently practiced under state law. This point will be explored below under “Binding Arbitration in Public Act 312.”