Collective Bargaining Agreement Law

It is important to note that once a KNA is reached, both the employer and the union are required to abide by this agreement. Therefore, an employer should hire a lawyer before participating in the collective bargaining process. Mandatory bargaining topics Although the parties are not obligated to negotiate all possible matters, they must negotiate in good faith mandatory bargaining matters, including wages, working time, and other “terms and conditions of employment” (29 U.S.C.A. § 158[d]). Because these mandatory issues are so varied, the courts have tried over the years to set standards to determine whether a particular subject of negotiation is mandatory. Generally speaking, terms and conditions of employment cover only matters that “govern one aspect of the employer-worker relationship” (Allied Chemical & Alkali Workers of America v. Pittsburgh Plate Glass Co., 404 U.S. 157, 92 p. Ct. 383, 30 L. Ed. 2d 341 ,1971).

For example, if your company is a member of an employers` organization that has a collective agreement with a workers` association/union. In First National Maintenance, the Court considered whether an employer`s decision to cease certain activities altogether constituted a mandatory bargaining matter. The court, which relied primarily on Justice Stewart`s agreement in fibreboard, found that the decision to terminate all operations at a given site was an economic management decision, separate from the employment relationship, although it clearly undermines job security. The NLRA also does not protect certain types of workers, such as agricultural workers, self-employed contractors, supervisors and senior managers. But other federal and state laws often offer protection to workers who are not covered by the NRA. For example, federal government employees enjoy the right to bargain collectively under the Civil Services Reform Act of 1978, largely modelled according to the NLRA and enforced by the Federal Labor Relations Authority. Railways and airlines are generally subject to the Railway Labor Act, the predecessor of the NLRA. In addition, many states have passed laws similar to those of the LNRA, which protect the right of employed state and local governments to bargain collectively.

Although the collective agreement itself is not applicable, many of the negotiated conditions concern wages, conditions, leave, pensions, etc.

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