Collective Bargaining Agreement | Study

Running head: COLLECTIVE BARGAINING AGREEMENT
COLLECTIVE BARGAINING AGREEMENT
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The collective bargaining arrangement implies the agreement in the written or the
arrangement between the trade union and employer that set forth the condition of the
employment. The agreement also contains a section with respect to the rate of payment, working
hours, or other conditions of the working of the employees (Hogler, 2015). The collective
Bargaining agreement is regulated and guided by The Trade Union Act. The usual and
anticipated product of the collective bargaining agreement is the written arrangement between
the union and the employer. The labor agreement set forth the association between parties that is
the employers and the employees. Therefore the CBA has a provision that is regulating hours,
discipline, transfers and promotion, health and medical, one insurance, vacations, pensions,
seniority, work assignment (Bennett & Kaufman, 2016). The labor arrangement is not the
employment contract; the workers are appointed individually and separately; however, the terms
and tenure of the employment are governed by provisions enumerated in the collective
bargaining contract.
The agreement of collective bargaining also facilitates the settlement of the dispute by
resort to civil court. The private substitute method of resolution of dispute involves arbitration or
mediation. The National Labor Relations Act was enacted in the year 1935. The act formulates
the standards for the labor law in the country of the United States that ensure the basic rights to
the employees. Henceforth such as the entitlement to establish trade unions as well as the
capability to engage in the negotiation of collective bargaining. Furthermore, both the employees

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and the employees are shield by the act. The obligation of the National Labor Relations Act
involves guaranteeing the workers not to engage in the prejudicial labor practice (Hayter, 2015).
The employer under the act are obliged by certain legislation and are forbidden from certain
actions. Both the employers and the employees are needed to participate in bargaining in good
faith. The mandatory issues of bargaining shield that the employers do not have to involve in
collective bargaining that evolves out of some trivial matters and is not encompassed by the
labor laws. In addition to that, particular issues are regarded as mandatory bargaining subjects for
what the employers should take part in the collective bargaining that involves layoff procedures,
wages as well as hours of working. In case the group of employee wishes alteration to be
implemented in the issue that is subjected to collective bargaining (Bosch, 2015). Then, in that
case, it is required to provide prior communication to the employer. Nevertheless, if the
employer in the workplace disallows to fulfill the issue in collective bargaining, then he may be
prosecuted with unfair labor practices. That leads to the inquiry conducted by NLRB and also to
the labor strike.
The process of collective bargaining engages preparation, discussion, proposal,
bargaining, and final agreement. The law forbids both the union and the employer from
preparing a collective bargaining arrangement on approval by other parties of the offer on the
permissive issue of bargaining. The parties at bargaining cannot formulate arrangement on the
permissive issue of the condition of arrangement concerning the mandatory subject. It is
regarded as the unfair labor practices for both the party to provoke to the standoff on the
permissive issue of collective bargaining. The insistence under the particular situation on the
demand of bargaining concerning permissive subjects of bargaining interrupts the statutory
obligation of bargaining of the other distinct party. It is the infringement of the laws for the labor

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union to intimate to strike or strike to insist on the arrangement concerning the permissive issue
of bargaining. It is an effective and mandatory mechanism for the representatives of the musician
to be conscious of the differentiation between the mandatory and permissive subject of the
bargaining.
The employer at the unionized working place cannot alter the mandatory issue of
collective bargaining unilaterally without giving prior intimation to the labor union of the
suggested alteration in addition to that the avenues to bargain on them. The labor union has the
power to waive the liberty of bargaining on the mandatory issues during contractual terms;
however, the waiver is unmistakable and clear (Bray & Macneil, 2016). The parties to the
bargaining cannot create the arrangement on the permissive issues on the condition of
arrangement on the mandatory subject. The hours, wages, conditions, and terms of employment
for the purpose of determining whether the issue is the permissive or mandatory issue of
collective bargaining is identified on the basis of the case. It is noted that though the advantages
for the workers who are retired already are not the mandatory subject of collective bargaining,
the benefits that allowed on the retirement of the employees for the future retirees are recently
the associate of the bargaining unit that is the mandatory issue of bargaining. It is held by the
Supreme Court that once agreeing and bargaining on the permissive issue, the distinct parties
naturally cannot make the mandatory subject of future bargaining.
As the policymakers focus on the entitlement to strike, a number of the nation did extend
the liberty eventually to strike to about more than 20 percent of the public workers. Nevertheless,
the employees are positioned in the workplace that are non-safety to the public. Therefore the
right to strike does not have a catastrophic impact in relation to the threat on welfare or public
safety. Thereby the legislation facilitates the workers to the right to strike as there is the

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expiration of the agreement and the parties to the contract unable to arrive at a convention
(Visser, 2016). The safety to the public employees is efficiently shielded by the obligatory
interest arbitration that evades strikes and resulting in the widely accepted and cost-effective
resolution by participants.
The trade unionists have knowledge that competitiveness and productivity are regarded as the
key issues at working place. The productivity of labor is the key determinant of the competition
and the task of the negotiator to investigate workplace productivity. The key issue to
competitiveness is the desirability of the consumers to endure goods purchasing as well as the
services of the organization at the cost that ensures sufficient return to shareholders in the
business.
Article 32 of the Collective Bargaining agreement enumerates the grievance procedure.
The employer determines that the worker may present and also seek resolution of the dispute.
The employer in the workplace not intervene or restrain, discriminate, coerce, engage or
intimidate in the appraisal as against the union representative or employee for practicing rights as
per the article. The article is designated to facilitate the combined approved method of the
settlement of the dispute at the minor level. The union and employer approve to work in good
faith based on the grievance procedure.

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References
Bennett, J. T., & Kaufman, B. E. (2016). The future of private sector unionism in the United
States. Routledge.
Bosch, G. (2015). Shrinking collective bargaining coverage, increasing income inequality: A
comparison of five EU countries. International Labour Review, 154(1), 57-66.
Bray, M., & Macneil, J. (2016). Reforming collective bargaining.
Hayter, S. (2015). Unions and collective bargaining. In Labour Markets, Institutions and
Inequality. Edward Elgar Publishing.
Hogler, R. L. (2015). The End of American Labor Unions: The Right-to-Work Movement and the
Erosion of Collective Bargaining: The Right-to-Work Movement and the Erosion of
Collective Bargaining. ABC-CLIO.’ Fine, J. (2015). Alternative labour protection
movements in the United States: Reshaping industrial relations?. International Labour
Review, 154(1), 15-26.
Visser, J. (2016). What happened to collective bargaining during the great recession?. IZA
Journal of Labor Policy, 5(1), 9.