The collective agreement binds signed union members and employers who are members of an employer union that signed the agreement. These agreements are considered normally binding. The collective agreement guarantees the correct evolution of wages. To this end, he agrees with the minimum wages and general wage increases that form the basis of the employee compensation system. In addition, you can negotiate your personal increases. Congress passed the National Labor Relations Act (NLRA) in 1935 (29 U.S.C.A. No. 151 and following) to establish the right of workers to collective bargaining and other group activities. The NLRA also created the National Labor Relations Board (NLRB), a federal authority empowered to enforce the right to collective bargaining (No. 153). The NNRA has been amended several times since 1935, including 1947, 1959 and 1974. Collective bargaining allows workers and employers to voluntarily agree on a wide range of issues.
Nevertheless, it is limited to some extent by federal and regional laws. A collective agreement cannot be entered into by contract, which is prohibited by law. For example, a union and an employer may use unconventional negotiations to deprive workers of the rights they would otherwise enjoy under laws such as civil rights laws (Alexander v. Gardner-Denver Co., 415 U.S. 36, 94 P. Ct. 1011, 39 L Ed. 2d 147 ). Nor can collective bargaining be used to waive the rights or obligations that the laws impose on each party. For example, an employer cannot negotiate with collective agreements to lower safety standards that it must meet under the Occupational Safety and Health Act (29 U.S.C.A.
Moreover, the collective agreement is not purely voluntary. The inability of one party to reach an agreement allows the other party to resort to certain legal tactics, such as strikes and lockouts, to exert economic pressure and to reach an agreement. Moreover, unlike trade agreements governed by national law, the collective agreement is almost exclusively governed by federal labour law, which determines issues that require collective bargaining, the date and nature of negotiations, and the consequences of non-negotiation or compliance with a collective agreement. Mandatory Bargaining Issues Although the parties do not have to negotiate on all possible issues, they must negotiate in good faith binding bargaining issues, including wages, hours and other “conditions of employment” (29 U.S.C.A. As these mandatory issues are very broad, the courts have tried over the years to establish standards to determine whether a particular topic of negotiation is mandatory. In general, the terms of employment cover only issues that “govern one aspect of the relationship between the employer and the workers” (Allied Chemical – Alkali Workers of America v. Pittsburgh Plate Glass Co., 404 U.S. 157, 92 p. Ct.
383, 30 L. Ed. 2d 341 ). Read also: Collective clauses represent significant benefits in sections 8(a) (5) and 8 (b) (3) of the NRA define the absence of collective bargaining as a practice of unfair labour (29 U.S.C.A. 158, [b]. The aggrieved party may submit a fee for unfair labour practices to the NNRB, which has the power to prevent or stop the practice of unfair labour practices. A collective agreement is the ultimate goal of collective bargaining. As a general rule, the agreement defines salaries, hours, promotions, benefits and other conditions of employment, as well as the procedures for dealing with disputes that result from them. Since the collective agreement cannot address all future employment problems, past unwritten customs and practices, external law and informal agreements are just as important to the collective agreement as the written instrument itself.