Introduction Collective bargaining is the negotiation process between a trade union and an employer comprising of workers to create a contract that will govern the terms and employment of workers. The main law that regulates collective bargain is the National Labor Relations Act (NLRA). It gives employees the right to joint trade unions and collective bargaining. Its enforcement is done by the National Labor Relations Board (NLRB). This presentations intends to cover the following seven areas of collective bargaining: Bargaining Structure Industrial Action Unions Impasse Bargaining Unit Disputes solution Public and Private sectors
Bargaining Structure Bargaining structure is the conception used in describing a particular institutional arrangements through which employers and workers determine the terms and conditions of employment relationship(Gold, 2014). A specific bargaining arrangement can be distinguished based on the level of bargaining, scope of bargaining, bargaining status, bargaining coverage, and bargaining agent.
Industrial Action (Strikes) A judicial decision may allow employers to hire replacements for striking workers, leavingworkers who practice their rights to strike without employment. The striker replacement doctrine gets applied only when employees engages in an economic strike over the conditions and terms of employment. (Cihon & Castagnera, 2017). However, if workers are involved in an economic strike because of unfair labor practice, and that it was due to their employer violation of the NLRA, then they can not be permanently replaced (Katz, Kochan, & Colvin, 2017). Such rules govern the responsibilities, rights, and obligations of the organizations, employers and employees.
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Unions •A certified trade union is supported by the NLRA to compel the employer to the bargaining table with a lawful obligation to negotiate in good faith. •For a trade union to be registered, it must be established for the purpose of protecting the interest of its members. •Courts refers to the “good faith” bargaining as a duty a sincere desire to reach an agreement. (Ewing & Hendy, 2017). •The NLRA certifies only the unionsthat have the majority supportin appropriate bargaining area to represent workers as the collective bargain representative(Gold, 2014). •The law requires both the employers and the unions to have a written contract.
Unfair Labor Practices The NLRA does not allow the following five unfair labor practices: Employees interference. The domination of the labor organization by the employer. Employer's discrimination against workers involve in union activity(Gold, 2014). Employers refusal to bargain, and Retaliation against the workers who have filed unfair labor practices charges or became witnesses in NLRB proceedings.
Impasse A collective bargain can be terminated through an agreement. The law also allow the parties involved to end collective bargaining with each party accepting final offers without an agreement (Gold, 2014). When such agreement is reached, the employer is allowed to implement its final offer. Employees must then live with the obligatory terms, or can strike to get their own proposal (Gold, 2014). However, the impasse clause is not part of the NLRA.It came as a result of court’s elaboration.
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Bargaining Unit Bargaining unit is a group of employees in workplace who are allowed by law to be represented by the union (Cihon & Castagnera, 2017). NLRA are allowed by the NLRA todefine such appropriate bargaining unit if there is a disagreement between the union and the employer. The employees excluded from the bargaining unit are the managers and the supervisors.
Disputes Resolution Arbitration is a dispute resolution used as an alternative to litigation. It is located in a collective bargain contracts, between the employer and the employees as a method of resolving disputes. The decision made by an arbiter binds both parties. The parties are allowed to select a neutral third party known as an arbiter who formally or informally hears the dispute(Katz, Kochan & Colvin, 2017). Both state and federal recognizes the laws governing the practice of arbitration. However, the Federal Arbitration Act, on its own does not apply to employment contracts. For example, in the caseNLRB v Detroit Bd of Educ. (1977), the court held that the NLRA is a constitutional law, (Gold, 2014).
Public and Private Sectors The sector have got various laws governing collective bargaining. For example, the federal regulation offers the federal employees the right to engage in collective bargaining over some issues. The State law protects the rights of the local government employees to engage in collective bargaining (Gold, 2014). Human rights regard prohibition to collective bargaining as a breach of human rights. The private sector the NLRA allows most of the employees from the private companies to have unions and collective bargaining (Katz, Kochan & Colvin, 2017). The Railway Labor Act, also allows the employees from railway and airline to engage in collective bargaining and to form unions.
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Conclusion Bargaining collective requires all the stakeholders to participate for there to be a good relationship between the unions and the employers, employers and the employees, and employees and the unions. It is therefore vital to follow the laws that governs the unions, the rights of both employers and employees.
Referecess Cihon, P. J., & Castagnera, J. O. (2017).Employment and labor law(9th ed.). Boston, MA: Cengage Learning. Gold, M. E. (2014).An Introduction to Labor Law. Ithaca: ILR Press. Katz, H. C., Kochan, T. A., & Colvin, A. J. (2017).An Introduction to U.S. Collective Bargaining and Labor Relations. Ithaca: ILR Press.