Online Resources


eg: UK or Brides UK or Classical Art or Buy Music or Spirituality

Business & Money

Technology

Women

Health

Education

Family

Travel

Cars

Entertainment

Union Collective Bargaining Agreement

View:

Collective bargaining is the process whereby workers organize collectively and bargain with employers regarding the workplace. In various national labor and employment law contexts collective bargaining takes on a more specific legal meaning. In a broad sense, however, it is the coming together of workers to negotiate their employment. Collective bargaining consists of the process of negotiation between representatives of a union and employers (represented by management, in some countries by employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a Collective Bargaining Agreement (CBA) or as a Collective Employment Agreement (CEA).

A typical Collective Bargaining Agreement ("CBA") will contain a preamble that acknowledges the existence of the union as the exclusive bargaining agent for the employees, the date of the agreement, and any employees that are excluded from the bargaining unit. The following provisions are also usually included:

1. Management Rights. The rights of management should be spelled out here, rights which have been negotiated and agreed upon. Typically, management will want to reserve the right to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees; suspend, discipline, or discharge employees from proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work or for other legitimate reasons; and take such actions as may be necessary to carry out the mission of the company. The employer may also want to reserve the right to take all other actions "permitted by law" to the extent they are not prohibited in the agreement.

2. Grievance Procedure. This section should lay the groundwork for the grievance procedure. It should first define what a grievance is; typically, a complaint that the employer has violated one or more of the terms of the CBA. The section should then describe in detail the grievance procedure: what a grievance shall contain, which sections of the agreement were allegedly violated, the "statute of limitations" on any grievance, and the steps that will be taken once a valid grievance has been filed. Each CBA is different, but the negotiations between management and the union will usually lead to the creation of a grievance board, a procedure for appeal, which may include a binding arbitration provision, and a promise that the employee will be allowed union representation during the grievance process.

Union Collective Bargaining Agreement

Collective Bargaining Agreement refers to the process where workers organize themselves and bargain with the employers about their concerns in the workplace. Usually the negotiations take place between representatives of the union and employers, with the goal of coming up with an arrangement that is mutually beneficial.

The National Labor Relations Act of 1935 affects most of the private sector's collective bargaining agreements. The act deems it illegal for employers to spy on employees that are members of the union. It is also illegal to harass, terminate, or retaliate against employees who are trying to form unions, join unions, or refuse to join in the collective bargaining with the representing union of the company's employees.

The National Labor Relations Act (NLRA) prohibits spying on employees in general, not just those that belong in a union. Any concerted effort on the part of employees to gather to discuss anything related to discuss working conditions or the terms of their employment should be respected by the employers.

The NLRA deems it illegal to send employees or supervisors to spy or eavesdrop on the activities of unions and other employee gatherings.

In a union meeting, after representatives have been voted, these representatives set up a meeting with their company representatives to discuss essential workplace issues such as employee benefits, working hours, wages, conditions for hiring, conditions for termination, protection against unjust termination, and other similar issues.

The goal of these collective bargaining meetings is to come up with a contract that will stipulate the agreed terms to address employee issues. The contract will be enforced for an agreed number of years. After the agreed number of years is up, the contract will again be negotiated between union and company representatives.

These are the steps taken to end or change a contract:

?The party that wants to change or end a contract must notify the other party 60 days before the date the contract is scheduled to end. If the contract is not yet scheduled to end, then notification must be given 60 days before the start of the proposed contract

?The party proposing the change should offer to meet and confer with the other party

?After 30 days of receiving the notice, the other party must give notice to the Federal Mediation and Conciliation Service if no suitable agreement has been reached by that time. The State mediation agency should also be notified of disputes preventing the parties from reaching an amicable solution

?The party must continue following the terms of the old contract until 60 days after the notice is given or until the contract is set to expire (whichever is later) without resorting to a lockout or strike.

Union members are usually required to contribute some amount that goes towards supporting the cost of representation incurred by union. Representation is usually needed when there are disputes about the union contract. The most common reason for arbitration is unjust termination of union members in the workplace. Usually the contribution required by the union is about 1-2% of their pay, although dues vary among unions. The amount of the dues is also usually offset by the fact that union members are commonly paid a bit more than non-member counterparts in the workplace.

Collective bargaining agreement is essential in any company especially for people who want to contribute to the process of making their workplace better. Consult an attorney with experience in handling collective bargaining to help with some legal advice.

More Articles from

» More on

Related Articles
Author
Most Popular

•	A Buy Sell Agreement, by Donald Lusan
•	A Hire Purchase Agreement, by Kathryn Landry
•	A More Perfect Union Movie, by Frank Lucer
•	A Prenuptial Agreement In, by Adrian Adams
•	Achieve Financial Credit Union, by Arman Vakili

About Author

Both Mark Warner & Alva Pao-pei Alfonso are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Mark Warner has sinced written about articles on various topics from Family Concerns, Do it Yourself Sunroom and Legal Matters. Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million. Mark Warner's top article generates over 27100 views. to your Favourites.

Alva Pao-pei Alfonso has sinced written about articles on various topics from Drunk Driving, Legal Matters and Social Security Information. Our expert specialize in employment law issues including preparation and drafting of. Alva Pao-pei Alfonso's top article generates over 5400 views. to your Favourites.

Checking Account Overdraft Protection
10 dollars in much better than 30, dont you think? So if you are tired of acquiring overdraft charges and you have tried tracking your purchases, it may be a good idea to contact your institution ...