Collective Bargaining Agreements
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a
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A typical management rights clause reads as follows: “The Company retains the exclusive right and responsibility to manage the business and plants and to direct the working forces subject to the provisions of this Agreement, including the right to hire, suspend, or discharge for proper cause or transfer and the right to relieve employees from duty because of lack of work or for other legitimate reasons.” The effect of the management clause may be limited, in as much as, the company has a legal duty to bargain about many matters and may be required to do so, regardless of the employer rights clause in the agreement. Where there are rights, there are also obligations. Union Security In 1947 Congress wrote into the Taft-Hartley Act statutory provisions about union security. Union security clauses address status of employee membership in the union and attempt to ensure that the union has continuous strength. Nearly all contracts provide some type of union security clause. Forms of union security are outlined below: Union Shop: A form of union security under which an employer may hire a non-union employee, but the employee must become a union member within a specified period of time and remain a member in good standing as a condition of employment. Agency Shop: A union contract provision requiring that non-union employees pay to the union the equivalent of union dues in order to retain their employment.
Closed Shop: A union security agreement by which only union