![]() After completing collective discussions, the participants must continue to deal with each other: One aspect of labor-management negotiations that is distinct involves the ongoing relationship between the sides. The participants merely have to meet at regular times and to discuss the pertinent issues in good faith. On the other hand, the NLRA specifically indicates that the duty to bargain does not require either side to agree to specific proposals or to make concessions. ![]() These agents have the right to demand, on behalf of the affected employees, to bargain over factors like: These workers become the bargaining agent for all of the individuals within that unit. This unit may consist of homogeneous skilled workers or heterogeneous industrial workers. Labor unions are chosen by a majority of workers in an appropriate bargaining unit. This means employers must rehire the strikers as positions become available before hiring outside persons. After replacement, the strikers maintain preferential recall rights. However, under the Mackay Radio decision of the Supreme Court, these individuals may be permanently replaced. Individuals who engage in a lawful economic strike may not be dismissed or otherwise disciplined for such protected activity. However, several states do permit non-essential personnel to participate in work stoppages. Federal workers and most state and local employees are prohibited from striking. ![]() Agents may engage in concerted activity for mutual aid and protection.įor private-sector workers, this action allows them the protected right to strike. These agents negotiate collective agreements defining their wages, hours, and working conditions. Under the applicable statutes, employees have the right to organize and to select exclusive bargaining agents. State and local government personnel are under state public sector bargaining laws.The Civil Service Reform Act covers federal workers.For railroad and airline personnel, the Railway Labour Act (RLA) regulates bargaining.Private sector bargaining encounters are regulated by the National Labour Relations Act (NLRA) for most workers.Many different statutes come into play during the negotiation process. Who Governs the Different Bargaining Situations? In contrast, external laws mandate and govern a collective bargaining negotiation. ![]() General business negotiation and lawsuit negotiations are not regulated by statutory provisions. However, the underlying legal and relationship aspects make these areas distinct. Collective bargaining negotiation between labor unions and corporate employers is a specialized area in the field of general negotiations. ![]()
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