Article 5 – Prohibition of Unilateral Action

What is Article 5?

Article 5 prohibits management from making unilateral changes to wages, hours, and other terms and conditions of employment that are established by:

  • The Collective Bargaining Agreement
  • Handbooks and Manuals
  • Past Practice
  • National Level Agreements

Protected Areas

Management must not make unilateral changes to:

  • Working conditions
  • Hours of work
  • Pay practices
  • Safety conditions
  • Job responsibilities
  • Break schedules
  • Staffing patterns
  • Local agreements
  • Established procedures

What Constitutes a Unilateral Change?

A unilateral change occurs when management:

  • Acts without union notification
  • Fails to bargain over changes
  • Implements changes without agreement
  • Modifies existing practices without consultation
  • Bypasses established procedures

Your Rights Under Article 5

The union must be:

  • Notified of proposed changes
  • Given opportunity to bargain
  • Allowed to negotiate impact
  • Consulted on implementation
  • Provided relevant information

When to Take Action

Report situations where management:

  • Changes working conditions without notice
  • Implements new procedures unilaterally
  • Modifies existing practices without bargaining
  • Ignores past practice
  • Bypasses the union

Documenting Violations

If you observe a unilateral change:

  1. Note the specific change
  2. Document when it occurred
  3. Identify who implemented it
  4. Record any witnesses
  5. Save any relevant communications
  6. Contact your Shop Steward immediately

Remember: Management must negotiate changes with your union. Unilateral actions violate our contract.