Other Term For Collective Bargaining Agreement

Exclusive Representation A majority of workers in a bargaining unit must appoint a representative with the exclusive or exclusive right to represent them in negotiations with the employer`s representative (29 U.S.C.A. The employer is not required to negotiate with an unauthorized representative (p. 158[5]). Once a valid representative has been selected, non-unionized workers are also bound by the collective agreement and cannot negotiate individual contracts with the employer (J. I. Case Co. /NLRB, 321 U.S. 332, 64 p. Ct.

576, 88 L Ed. 762 [1944]). Accordingly, the employer should not extend different conditions to workers in the bargaining unit, even if these conditions are more favourable, unless the collective agreement contemplates flexible terms (Emporium Capwell Co. v. Western Addition Community Organization, 420 U.S. 50, 95 P. Ct. 977, 43 L Ed. 2d 12 [1975]). Once the NRL has certified a union as an exclusive bargaining partner, the union has an irrefutable presumption of one-year majority support (River Dyeing – Finishing Corp. v. NLRB, 482 U.S.

27, 107 S. 2225, 96 L. Ed. 2d 22 [1987]). This year, the employer must not refuse to negotiate with the union because the union does not represent a majority of workers. At the end of this year, the employer may refute the presumption that the union represents the majority of workers, by showing either that the union does not have majority support, or that the employer doubts in good faith that the union has lost the majority (NLRB/Curtin Matheson Scientific, 494 U.S. 775, 110 S. Ct. 1542 , 108 L Ed. 2d 801 [1990]). In cases where the employer doubts that a union is a majority, the employer may “proactively withdraw” the union`s recognition by insisting on a collective agreement that ends at the end of the certification year (Rock-Tenn Co.

v. NLRB, 69 F.3d 803 [7. Cir. 1995]). The union may negotiate with a single employer (who usually represents a company`s shareholder) or with a group of companies, depending on the country, in order to reach an industry-wide agreement. A collective agreement functions as an employment contract between an employer and one or more unions. Collective bargaining is conducted in negotiations between union representatives and employers (usually represented by management or, in some countries such as Austria, Sweden and the Netherlands, by an employers` organisation) on the conditions of employment of workers, such as wages, working time, working conditions, redress procedures and trade union rights and obligations. The parties often refer to the outcome of the collective agreement or collective agreement (AEC) negotiation. In 1931, the Supreme Court was appointed in the Texas – N.O.R. Co. Brotherhood of Railway Clerks case, upholding the prohibition of employer intervention in the selection of negotiators.

[15] In 1962, President Kennedy signed an executive order that gives public employee unions the right to bargain collectively with federal authorities. [15] A collective agreement is the ultimate goal of the collective bargaining process.