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.
Our expert Los Angeles attorneys specialize in employment law issues including preparation and drafting of collective bargaining agreement. You can visit our website at http://www.attorneyservicesetc.com/ to avail of our free case analysis.
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