@a2 Under U.S. federal labor law (the National Labor Relations Act or NLRA), unions do not have a legal duty to bargain on behalf of retirees, and employers are not required to bargain with unions over benefits for already-retired employees.
The key Supreme Court decision on this is Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co. (1971). In that case, the Court ruled that:
• Retirees are not “employees” within the meaning of the NLRA.
• They are not part of the bargaining unit represented by the union.
• Benefits for retirees are not a mandatory subject of bargaining (i.e., “wages, hours, and other terms and conditions of employment” that apply to current active employees).
As a result, changes to retiree benefits (like health insurance or pensions for those already retired) are generally a permissive subject of bargaining—not mandatory. This means:
• An employer can unilaterally change retiree benefits without bargaining with the union, as long as it doesn’t affect active employees’ future retirement benefits.
• A union cannot force an employer to bargain over retiree benefits, and the union has no statutory duty to represent retirees in negotiations (since retirees aren’t bargaining unit members).