During the course of collective bargaining, the employer and the union had agreed to a “me-too” arrangement whereby
the employer could unilaterally change the provisions as long as the changes applied equally to all non-unit and unit employees as well
.
Does the employer have a legal right to implement the change to a new insurance carrier in this case without bargaining with the union?
In other words,
if the changes fall within the scope of the bargaining agreement’s general grant of authority to the employer, the employer can make such changes without first bargaining with the union.
What items are mandatory and illegal in the collective bargaining process?
Mandatory subjects are those topics required by law and the National Labor Relations Board (NLRB). Those subjects include items like
wages, overtime, bonuses, grievance procedures, safety and work practices, and seniority, as well as procedures for discharge, layoff, recall, or discipline
.
Do employees have the right to collective bargaining?
The National Labor Relations Act gives you the right to bargain collectively with your employer through a representative that you and your coworkers choose
.
How does collective bargaining protect the employer?
Collective bargaining
ensures fair employment procedures
.
A collectively bargained contract ensures that all employees are treated fairly because both parties have discussed and agreed upon rules and procedures for the workplace.
What are two of the rights that managers have in negotiations?
In any bargaining agreement, certain management rights are not negotiable, including
the right to manage and operate the business, hire, promote, or discharge employees
. However, in the negotiated agreement there may be a process outlined by the union for how these processes should work.
What can employees do to legally terminate the union’s right to represent them?
What can employees do to legally terminate the union’s right to represent them?
Hold a decertification election
. What is surface bargaining? Items in collective bargaining that a party must bargain over if they are introduced by the other party are known as _______ bargaining items.
What organization typically represents employees in collective bargaining?
Collective bargaining normally takes place between members of
corporate management and labor union leaders
, who are elected by workers to represent them and their interests.
What happens when collective bargaining fails?
When Collective Bargaining Fails
At this point,
an employer may unilaterally implement any terms that it offered to the union
. However, if an employer declares an impasse, it may be possible for the union to dispute that one has been reached.
What constitutes a change in working conditions?
Substantial change in working conditions means
a material change that is significant in terms of amount, degree, or impact as opposed to a change that is relatively minor or trivial
.
What is an unfair labor practice by the union?
An unfair labor practice is
an action by an employer or a union that violates the National Labor Relations Act (NLRA)
. Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.
What is unilateral change to terms and conditions of employment?
Unilateral changes to terms and conditions refer to
a scenario where the employer changes these abovementioned terms and conditions initially agreed to without any negotiation and agreement
.
What are 3 things that an employer Cannot discriminate against?
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s
race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information
.
What does the law says about collective bargaining?
(a) The labor organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in such unit for the purpose of collective bargaining in respect to rates of pay, wages, …
How many employees must be in a bargaining unit?
Bargaining units must consist of
at least three employees
, and must have the support of a majority of employees in the bargaining unit. However, the bargaining unit can be a small portion of a large company where no other employees are members of a union.
How does collective bargaining impact the employee and employer?
Collective bargaining
raises the wages and benefits more for low-wage workers than for middle-wage workers and least for white-collar workers, thereby lessening wage inequality
.
How does collective bargaining benefit the employer and the employee?
Collective bargaining is a way to solve workplace problems. It is also the best means for raising wages in America. Indeed, through collective bargaining, working people in unions have
higher wages, better benefits and safer workplaces
.
Why is collective bargaining important for employees and employers?
The importance of collective bargaining is given as under:
It improves wages and working conditions, as well as it promotes equality
. It provides a stage to both the parties, i.e. management and workers to stand on the same level at the negotiation table.
Which of these are allowed under a management’s rights clause?
When drafting a collective bargaining agreement, employers often insist on a management-rights clause. That clause reserves to the employer
the right to take unilateral action, with respect to certain terms and conditions of employment without an obligation to bargain with the union about that action
.
What is the zipper clause?
A zipper clause in a collective bargaining agreement typically provides that the parties agree that all matters considered by them to be proper subjects for bargaining are already included in the agreement, and that during the term of the agreement, no further or other matters are subject to additional bargaining.
What does bad faith bargaining mean?
In each of these instances, a party entered into a negotiation, bargaining in bad faith,
with no intention of closing a deal or following through on negotiated commitments
. Such behavior is inconsiderate at best, immoral and even potentially illegal at worst.
What are some examples of unfair labor practices?
- Refusing to process a grievance because an employee is not a union member.
- Threatening an employee for filing a ULP charge.
- Refusing to negotiate in good faith with an agency.
- Calling, participating in, or supporting a strike, work stoppage, or slowdown.
Can a company not Recognise a union?
You do not have to recognise a trade union in your workplace because you can negotiate changes to your employees’ terms and conditions with the employees themselves
. However, your employees seem to have already considered their position and may well already be members of, and in contact with, a trade union.
Can a union protect you from being fired?
Process for Firing Union Employee
Employees who are represented by a labor union are protected from unfair treatment by an employer that goes against the terms and conditions of employment outlined in the collective bargaining agreement (CBA).
What can unions do for employees?
Union contracts often provide for fair and flexible working hours, better pay for overtime and work on evenings and weekends, more paid holidays, paid family and medical leave, and employer help with child care and elder care.
When employees protest working conditions by following the employer’s rules to the letter they are said to be engaged in a?
It has declined sharply since the 1980’s. When employees protest working conditions by following the employer’s rules “to the letter”, they are said to be engaged in a:
Boycott
.
Why is worker organizing and collective bargaining so threatening to employers and governments?
Why is worker organizing and collective bargaining so threatening to employers and governments? – Very important,
it’s a form of a union to discuss worker’s wages and working conditions
. – It’s costly to the employers to improve working condition and pay living wages. Risking their image to future businesses.
