Labor Laws and Laws Relating to Negotiation | omarcafini.info
Many elements make up the labor-management space; however, contract negotiations often are the most contentious facet of the relationship between. Most strikes are undertaken by labor unions during collective bargaining. the cost of hiring strikebreakers for the company; employing public relations tactics. can disputes arising out of the collective-bargaining process be minimized? The basic principles which are to guide the company in its labor relations are.
Consultation and communication A mechanism should be agreed between employers and workers and their representatives that provides for regular consultation on matters of mutual concern.
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Consultation includes a genuine exchange of ideas and information that ensures that there is an opportunity for workers and their representatives to influence the decisions being made within the organisation, particularly where any proposal may affect employment. Where the management desires to transmit information through workers' representatives, these representatives should be given the means to communicate such information rapidly and completely to the workers concerned.
The information to be communicated and its presentation should be determined with a view to mutual understanding in regard to the problems posed by the complexity of the company's activities. The information to be given by management should, as far as possible, include all matters of interest to the workers relating to the operation and future prospects of the undertaking and to the present and future situation of the workers, in so far as disclosure of the information will not cause damage to the parties.
Concerning the content of communication, management should make available information regarding: In the case of a question which has been the subject of negotiations between the employer and the workers or forms part of a collective agreement the information should make express reference to that.
Procedures to examine and resolve grievances. A worker should be able to raise a grievance without suffering any prejudice. A procedure should be established for raising grievances.
When the National Labor Relations Board certifies the labor union as the employees' representation, that's the point at which labor and management have a duty to bargain in good faith.
Q&As on business and collective bargaining
The labor board doesn't require the parties to reach a mutually agreeable contract, but it does require that the labor union and the employer engage in timely, respectful and productive negotiations. Good Faith Bargaining The exercise of bargaining in "good faith" means that both parties are committed to engaging in negotiations with a common goal of achieving a labor union contract. Good faith doesn't imply that the parties are required to hammer out an agreement, regardless of the proposals, counteroffers and concession that labor and management put on the table.
Bargaining in good faith means that neither party will create artificial barriers to negotiations, such as scheduling negotiation sessions and then canceling at the last minute; extending preposterous demands and proposals, knowing full well the other side cannot meet the demands; and refusing to budge on matters where the union and the employer aren't too far apart to come to an agreement.
Labor Union Position On the labor union side, the negotiations team generally comprises the labor union local present, a business agent and a union steward. The roles of the local president and business agent are to ensure the union is participating in negotiations to which they can agree.
However, the purpose of a union steward is to represent the interests of the company's employees.
A union steward is an employee himself; therefore, he has an on-the-ground perspective of what employees want in their union contract. Based on the labor union's interaction with its members, it is seeking better wages, benefits, pension contributions and working conditions.