Collective Bargaining Agreement Clauses
April 8, 2021 | Leave a comment
Yesterday, the NLRB abandoned this standard and instead introduced a “contract coverage standard” that allows employers to take certain action unilaterally without negotiating with the union for the duration of the CBA if these rights are granted by the CBA management clause or elsewhere in the CBA. Until yesterday, employers with broad management rights that allow the employer to “retain the exclusive and exclusive rights to direct its employees; assess performance, discipline and clear employees, adopt and enforce rules and regulations and guidelines… the security rule described above, without the agreement of the unions, could only have come into force if they could meet the “clear and unique waiver standard,” according to which the parties must “clearly and explicitly express their mutual intention to authorize unilateral measures on a specified employment clause, regardless of the legal obligation to negotiate that would otherwise apply.” Not all workers are considered “workers” under the NRA. Superiors and executives, even if they are paid employees, are considered executives and fall to the employer side of negotiation. Workers also do not have to be part of a union to negotiate collective agreements. A group of collaborators may elect a representative who negotiates on his behalf and who is nevertheless covered by the LNRA. Collective agreements are long and detailed legal documents covering all aspects of the working relationship between workers and managers. As a standard contract, a collective agreement is divided into articles and clauses. All collective agreements are considered “mandatory”: one of the biggest complaints you will hear from employers with a unionized workforce is that it is so difficult to implement minor political changes during the duration of a collective agreement. For example, the employer may want to implement a new safety policy to combat a recent increase in workplace injuries, which could have been avoided if staff had worn the necessary personal protective equipment. The employer adds to the EPI rule a new provision that requires workers who are caught without their PPE to undergo a mandatory retraining program at trial and be disciplined in the event of a subsequent violation until dismissal. In addition, a recognition clause may be interpreted by an arbitrator to limit the employer`s use of non-negotiation units or subcontractors for the performance of tariff units.
This part of a recognition clause is often heavily negotiated and can sometimes be a deal breaker between the parties. In addition, many recognition clauses describe that employees or professionals they occupy are included in the bargaining unit and sometimes define a procedure for integrating new workers or jobs into the bargaining unit. It can define the bargaining unit for several sites or be formulated to cover only a portion of the workers in a specific organization under an applicable collective agreement. Supporters of professional sports teams have no doubt heard the term “collective bargaining” with respect to union contracts negotiated on behalf of the players.