 |
The Facts Behind Collective Bargaining Agreement
Author: Melvin Magadia | Posted: 09-05-2008 | Comments: 0 | Views: 3 | 
Collective bargaining involves negotiations between employers and employee groups that establish employment conditions. The outcome of this procedure is collective bargaining agreement (CBA). It is governed by statutory laws of the Federal and state government, regulations of administrative agencies, and judicial decisions.
Collective bargaining is governed by the National Labor Relations Act (NLRA). Originally enacted by Congress in 1935 as an exercise of its power to regulate interstate commerce, the NLRA grants explicit rights to employees to collectively bargain and take part in trade unions. This law is applicable to most private non-agricultural employees and employers involved in interstate commerce.
The right of an employee to join organizations and collectively bargain is stipulated in Section 7 of the National Labor Relations Act. Likewise, this section of the Act protects this right to join labor organizations that will best serve their interests.
In addition, the National Labor Relations Act likewise places legal limitations on the kind of action that the employers would show. Any employer who does not recognize the right of their employees to form labor unions or organizations is violating the provisions set forth in the NLRA. This is known as unfair labor practice. It is any act that prevents, stops, or forces employees to exercise their freedom to organize.
Limitations of Collective Bargaining
When the labor union is in place, both the employer and employee sit down in the negotiating table. With their representatives in tow, the two parties enter what is known as a labor contract. This is a private agreement designed to regulate certain work-related issues.
Among these issues are wages, fringe benefits, grievance procedures, discipline, among others. To the employee, wages and benefits are the important issues.
While Section 8 of the National Labor Relations Act regulates the activities of employers, the Taft-Harley Act likewise puts restrictions on the rights of employees. Under this act, it is illegal to force workers to become members of the labor union.
Likewise, union members must not force the employer to throw the iron hand on employees who refuse to cooperate with the union.
Settling Differences
If nothing works, there is a way for both employer and employee to settle their difference and this is through grievance procedures. If the parties cannot reach an agreement, they may call on an “outsider” to settle the difference.
Aside from arbitration, there are other methods of settling collective bargaining issues.
Another form of grievance mechanism is through mediation. The role of mediators is to assist the two parties in pointing out the differences and to come up with suggestions in resolving disputes. However, a mediator does not have the power to make decisions on disputes.
How to File an Unfair Labor Practice Complaint
Typically, an employer, employee, or group of employees may file a complaint with the National Labor Relations Board. After the filing, a representative from the NLRB will conduct an investigation. They will determine jurisdiction, research facts related to the case, conduct interviews with the employers and employees.
If the investigator determines that there is indeed unfair labor practice, the NLRB will order the immediate cessation of such practice and compensation of the victims. Rate this Article:
Article Source: http://www.articlesbase.com/law-articles/the-facts-behind-collective-bargaining-agreement-408462.html
About the Author:To help you with matters regarding work and employment, you can avail of the services of our expert employment attorneyswhose skills and experience may help you in collective bargaining issues. Visit our official website and have your case evaluated.
|
Submitting articles has become one of the most popular means of generating quality backlinks and targeted traffic to your website. Join us today - It's Free! |
|
Got a Question? Ask.
Ask the community a question about this article:
Q&A Powered by: 
Latest Law Articles
The Nyc Criminal Justice System
By: michaeldiscioarro | 11/05/2008
THE NYC Criminal Justice System
Cottages: Merriment, Death and Taxes
By: Nicole Ewing | 11/05/2008
BrazeauSeller. LLP is an Ottawa business law firm that provides expert legal counsel, innovative solutions and responsive service to its clients. As the exclusive Ottawa member of Meritas Law Firms Worldwide, BrazeauSeller is able to provide its clients with access to trusted, dependable legal representation anywhere in the world, that their business takes them.
What Rights Do You Have in Other Countries?
By: Craig Torey | 10/05/2008
One of the most forgotten realities for people who travel abroad on vacation is that they do not realize their United States Constitutional rights do not exist anymore.
When Your License is on the Line, Call a DUI Lawyer
By: Art Gib | 10/05/2008
DUI is a crime in every state of America. If you want some help getting minimal or no consequences, find a good DUI lawyer to take your case.
How to be a Landlord
By: Nicholas Fagan | 10/05/2008
Anyone who owns property can be a landlord and rent out part or all of the property. Many landlords are just average people who have a guest house or extra room that they rent out for an extra income. For others, it's a business, it's their way of making a living, and it's a full time job for them.
Civil Justice Versus The Criminal Justice System
By: Jim Ross | 10/05/2008
How has the American justice system transformed so amazingly over the last few decades? The answer could be a very complex problem to identify.
Are these changes due to an increasingly larger number of attorneys that have entered the marketplace? Is it because the burden of proof is so undeniably different...
How to Prepare for a Georgia Deposition
By: strokeinjurylawyers | 10/05/2008
Your deposition in a court case may be the first time you've ever been asked to give legal testimony under oath. Because the questions may be very personal and your answers may be important to your case, and because you'll be testifying in a room with your Atlanta lawyer and one or more opposing lawyers, a deposition can be intimidating. If you're giving a deposition in a Georgia civil case, it helps to know ahead of time what to expect.
Representing yourself in Georgia Civil Courts
By: strokeinjurylawyers | 10/05/2008
If you're involved in a court case in Georgia -- or want to file one -- you have the right to represent yourself. Only criminal defendants without adequate funds are entitled to a free, court-appointed lawyer in the United States.
More from Melvin Magadia
On Bike Accidents and Crash Lawyers in California
By: Melvin Magadia | 09/05/2008 | Personal Injury
In the United States, close to 900 bicycle-related deaths and 500,000 bicycle-related injuries undergo treatment annually. The streets of California are bustling with automobiles and other vehicles, which share the road and responsibility for maintaining safety as well as for following traffic rules.
Ssd Attorneys and the Stages of Disability Application
By: Melvin Magadia | 09/05/2008 | National, State, Local
When applying for either social security disability or supplemental security income, your claim application will go through three stages. Of course, the first thing that you have to do is file your disability application with the Social Security Administration.
The Essence of Hiring Lawyers to Handle General Negligence Cases
By: Melvin Magadia | 09/05/2008 | Personal Injury
Contrary to what most people would think, showing proof of negligence can be difficult. To receive compensation from tort injuries, getting help from general negligence attorneys is an important consideration.
The Lowdown on Bicycle Accidents and Its Lawyers
By: Melvin Magadia | 09/05/2008 | Personal Injury
Riding bikes can both be fun and healthy. However, while it can provide enjoyment, bikes have also been an agent for getting scratches, bruises, or become seriously hurt.
What to Do After a Motor Vehicle Accident
By: Melvin Magadia | 10/04/2008 | Law
Motor vehicle accidents are common occurrences nowadays. No matter how we keep ourselves away from being hurt in a mishap, there is no way of predicting when they will hit us.
Basic Facts About Los Angeles Personal Injury Claims
By: Melvin Magadia | 10/04/2008 | Law
In Los Angeles, as in many other states, you may file for a claim if you incur a personal injury. You are entitled to receive compensation for all the expenses that you might have due to the injury as well as other claims.
Have You Been Fired? Get Help From Termination Laws Attorneys
By: Melvin Magadia | 10/04/2008 | Law
In California, there is a provision known as “at-will” employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.
Keeping Your Job With Los Angeles Employment Defenders
By: Melvin Magadia | 10/04/2008 | Law
As an employee, you have the right to determine what your benefits will be as part of a certain company. Aside from salary, the benefits package is likewise an important factor that should be considered in a job. Unfortunately, most companies offer few or even completely fail to provide benefits to their employees.
|
|
Law 
