Reopener Clause
(Collective Bargaining Agreement)

This Reopener Clause (Collective Bargaining Agreement) allows the parties to a collective bargaining agreement to reopen negotiations prior to the expiration of the collective bargaining agreement in a specified circumstance. It is intended for inclusion in a collective bargaining agreement between an employer and the union representing its employees. It contains practical guidance, drafting notes, and an alternate clause. This clause is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. A reopener clause can be useful for tabling an unresolved contentious issue to finalize a CBA pending, for example, the occurrence of a stipulated event or a later decision to negotiate a particular term. However, such provisions can be risky as they open the door to disrupting labor relations during the term of the CBA. For information generally on the collective bargaining process, see Good Faith Bargaining when Negotiating CBAs and Mandatory, Permissive, and Illegal Bargaining Subjects: Key Considerations.