Can a collective bargaining agreement (CBA) determine the manner in which a selection procedure is used?
CBAs may contain language that specifies when recruitments may be conducted and who may be included in the recruitment; or perhaps the test format that will be used (i.e., oral examination, written tests, T&Es, etc.), but CBAs may not override federal law. As such, the legal requirements surrounding job analysis, adverse impact, disparate treatment, etc. are still in force and cannot be ignored.
