During that year, the employer may not refuse to bargain with the union on the ground that the union does not represent a majority of employees. After that year expires, the employer may rebut the presumption that the union represents a majority of employees by showing either that the union in fact does not enjoy majority support or that the employer has a good faith doubt founded on sufficient objective evidence that the union has lost majority support NLRB v.
Curtin Matheson Scientific , U. In cases where the employer doubts that a union enjoys majority support, the employer may "anticipatorily withdraw" recognition of the union by insisting on a collective bargaining agreement that will terminate with the end of the certification year Rock-Tenn Co. NLRB , 69 F. Similarly, a successor employer may not simply refuse to recognize the union for bargaining purposes.
Instead, courts have required successor employers to recognize the incumbent union if "substantial continuity" exists between both employers NLRB v. Burns Security Service , U. To determine whether there is substantial continuity, courts will consider, among other factors, whether both employers are engaged in the same business, whether the employees perform substantially similar tasks under both employers, whether the customer base remains much the same, and whether the successor employer continues to use the same industrial or business processes as its predecessor Frye v.
Specialty Envelope , 10 F. Mandatory Subjects of Bargaining Although the parties need not bargain over every conceivable topic, they must bargain in good faith over mandatory subjects of bargaining, which include wages, hours, and other "terms and conditions of employment" 29 U. Because these mandatory subjects are very broad, courts over the years have attempted to set standards for determining whether a specific bargaining topic is mandatory. Pittsburgh Plate Glass Co. If one party wishes to bargain over a mandatory subject, it is an unfair labor practice for the other to refuse.
Other topics are permissive subjects of bargaining, and it may be an unfair labor practice for a party to demand bargaining over them NLRB v. Wooster Division of Borg-Warner Corp.
Thus, although the parties must bargain to an impasse over mandatory subjects of bargaining before implementing unilateral changes, they may change permissive subjects unilaterally without bargaining and cannot be forced to bargain over such changes. Although most of the decisions an employer makes will affect employees, not all are mandatory subjects of bargaining.
Some decisions, such as advertising and product selection, bear such an indirect relationship to and have such a minimal effect on the employment relationship that they are almost certainly only permissive subjects of bargaining.
Other decisions, such as those regarding hiring, layoffs, and plant rules, are so directly relevant to the employment relationship that they are almost certainly mandatory subjects of bargaining. Still other decisions are not aimed at the employment relationship but have a sizable effect on it and are thus difficult to categorize as permissive or mandatory bargaining subjects First National Maintenance Corp. The Supreme Court has attempted on several occasions to define the scope of mandatory bargaining for this third category of management decisions.
In Fibreboard , the Supreme Court held that under its three-part analysis, an employer's decision to subcontract out a portion of its operations was a mandatory bargaining subject. First, subcontracting falls within the literal meaning of the NLRA phrase "terms and conditions of employment. Third, other employers in the same industry have addressed contracting out in the bargaining process, rather than leaving it to managerial discretion.
Justice Potter Stewart added in his concurrence that subjects that "lie at the core of entrepreneurial control," such as decisions about "the commitment of investment capital and the basic scope of the enterprise," are not mandatory subjects of bargaining.
In First National Maintenance , the Court addressed whether an employer's decision to terminate certain operations entirely constituted a mandatory subject of bargaining. The Court, relying primarily on Justice Stewart's concurrence in Fibreboard , held that the decision to terminate all operations at a particular site was an economically motivated management decision that was separate from the employment relationship, even though it obviously affected job security.
The Court noted, however, that the effects of the employer's decision, such as severance pay and benefits, were mandatory subjects of bargaining under section 8 a 5 of the NLRA. Accordingly, under this Fibreboard-First National Maintenance framework, most significant economic decisions, such as plant shutdowns, layoffs, and relocations, are not mandatory subjects of bargaining, even though the employer must engage in "effects bargaining" as a result of them.
Duty to Bargain in Good Faith During the bargaining process, the parties are not required by law to reach agreement. They must, however, bargain in good faith 29 U. Although good faith is a somewhat subjective concept, courts will look to the entire circumstances surrounding bargaining, including behavior away from the bargaining table such as pressure and threats NLRB v.
Billion Motors , F. Most authorities agree that an absolute refusal to bargain constitutes bad faith Wooster. Even so, one party's insistence on a certain contract term is not necessarily an unfair labor practice.
The NLRB and the courts that review and enforce its orders are unwilling to substitute their judgment for that of the parties and will not judge the content of collective bargaining agreements NLRB v.
American National Insurance Co. In addition, the use of "economic weapons" such as pressure tactics, picketing, and strikes to force bargaining concessions is not necessarily bad faith bargaining NLRB v. Insurance Agents' International Union , U. Governments of a conservative stripe reconsidered features of the collective bargaining system which were regarded as fixed points in the landscape--union security provisions, union disciplinary powers, protections for employees during union organizing campaigns.
Canadian Collective Bargaining Law 1 seeks to bring the law of collective bargaining up-to-date. Canadian Collective Bargaining Law, 2d ed. The role of collective bargaining in K education invokes sharply different perspectives and debate.
Volume 6, Number 8, Fall Providers claim they have not got enough funding to do what is required of them, including collective bargaining. Aged-care providers seek judicial review. Of the 55 enterprises that signed the global framework agreements, Vigeo - a European corporate social responsibility rating agency, headed by Nicole Notat, former president of France's CFDT trade union with Social Democratic tendencies 1 - has evaluated the consistency and lack of effectiveness of measures devoted to respect for trade union rights and collective bargaining.
What education reformers should do about collective bargaining: Under this philosophy, refraining from collective bargaining is a perfectly appropriate choice that the state should both respect and protect.
Collective bargaining as a minimum employment standard. Limits the collective bargaining rights of teachers. Collective bargaining bills abound. Collective bargaining has existed for decades, not because it padded the wallets of the public employee, but because it was a means to equitable resolutions that satisfy our communities' needs.
Mandatory collective bargaining legislation on hold--for now.
Collective bargaining is the process of negotiating the terms of employment between an employer and a group of workers.
Definition of collective bargaining for English Language Learners: talks between an employer and the leaders of a union about how much a group of workers will be paid, how many hours they will work, etc.
A collective bargaining agreement is the ultimate goal of the collective bargaining process. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising under it. Collective bargaining definition, the process by which wages, hours, rules, and working conditions are negotiated and agreed upon by a union with an employer for all the employees collectively whom it .
Definition of collective bargaining: Good-faith process between an organization's management and a trade union representing its employees, for negotiating wages, working hours, working conditions, and other matters of mutual interest. collective bargaining n. Negotiation between organized workers and their employer or employers to determine wages, hours, rules, and working conditions. collective bargaining n (Industrial Relations & HR Terms) negotiation between one or more trade unions and one or more employers or an employers' organization on the incomes and working conditions of.