The Legal Nature of the Collective Agreement and the Duty of Labor Peace PDF Download
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Author: Salvador del Rey Guanter
Publisher:
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 706
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Book Description
Author: Salvador del Rey Guanter
Publisher:
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 706
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Book Description
Author: Tomoo Ito
Publisher:
ISBN:
Category :
Languages : en
Pages : 128
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Book Description
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: LandMark Publications
Publisher:
ISBN: 9781521316245
Category :
Languages : en
Pages : 540
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding collective bargaining agreements. The selection of decisions spans from 2014 to the date of publication.The National Labor Relations Act requires employers to bargain in good faith "with respect to wages, hours, and other terms and conditions of employment." 29 U.S.C. � 158(a)(5), (d). Upon the expiration of a collective bargaining agreement, the parties to that agreement have an ongoing obligation to maintain the "status quo" as to all mandatory subjects of bargaining until they reach a new agreement or an impasse. NLRB v. Katz, 369 U.S. 736, 743 (1962); Laborers Health & Welfare Tr. Fund for N. Cal. v. Advanced Lightweight Concrete Co., 484 U.S. 539, 544 n.6 (1988); Triple A Fire Prot., Inc., 315 NLRB 409, 414 (1994). Absent an impasse, unilateral action changing the status quo of a mandatory subject of bargaining violates Section 8(a)(5) of the Act as a "circumvention of the duty to negotiate." Katz, 369 U.S. at 743. Pension and healthcare benefits are mandatory subjects of bargaining. See Allied Chem. & Alkali Workers of Am., Local Union No. 1 v. Pittsburgh Plate Glass Co., Chem. Div., 404 U.S. 157, 180 (1971). Oak Harbor Freight Lines, Inc. v. National Labor Relations Board, (DC Cir. 2017).* * *The Supreme Court has explained that a collective bargaining agreement "is more than a contract; it is a generalized code to govern a myriad of cases which the draftsmen cannot wholly anticipate" and "an effort to erect a system of industrial self-government." United Steelworkers of Am. v. Warrior & Gulf Navigation Co., 363 U.S. 574, 578, 580 (1960). CBAs commonly contain grievance procedures, which the Court has emphasized are "[a] major factor in achieving industrial peace" and lie "at the very heart of the system of industrial self-government." Id. at 578, 581. Ortega v. New Mexico Legal Aid, Inc., (10th Cir. 2016).
Author: Robert A. Gorman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1356
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Book Description
Begins with an introduction to labor law, the Federal Labor Act, and the National Labor Relations Board. Coverage expands to include securing representative status, restraint and coercion of employee rights to organize, and the legality of concerted activity. Examines the balance of economic weapons, the duty to bargain in good faith, and the enforcement of collective bargaining agreements. Also reviews the union and employee relationship, regulatory conflict, and accommodation.
Author: Susan Hayter
Publisher:
ISBN: 9789221316091
Category : Collective labor agreements
Languages : en
Pages : 0
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Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Author: Betty Justice
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 316
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Book Description
Author: B. L. Adell
Publisher: Kingston, Ont. : Industrial Relations Centre, Queen's University
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 280
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Book Description
Comparison of labour legislation concerning collective bargaining in Canada, the UK and the USA, with particular reference to the legal status of collective agreements - comments on dispute settlement, legal capacities of trade unions, etc., and includes case studies. References.
Author: Douglas L. Leslie
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 450
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Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
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Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
