Collective bargaining involves negotiations between employers and employee groups that establish employment conditions. The outcome of this procedure is collective bargaining agreement (CBA). It is governed by statutory laws of the Federal and state government, regulations of administrative agencies, and judicial decisions.
Collective bargaining is governed by the National Labor Relations Act (NLRA). Originally enacted by Congress in 1935 as an exercise of its power to regulate interstate commerce, the NLRA grants explicit rights to employees to collectively bargain and take part in trade unions. This law is applicable to most private non-agricultural employees and employers involved in interstate commerce.
The right of an employee to join organizations and collectively bargain is stipulated in Section 7 of the National Labor Relations Act. Likewise, this section of the Act protects this right to join labor organizations that will best serve their interests.
In addition, the National Labor Relations Act likewise places legal limitations on the kind of action that the employers would show. Any employer who does not recognize the right of their employees to form labor unions or organizations is violating the provisions set forth in the NLRA. This is known as unfair labor practice. It is any act that prevents, stops, or forces employees to exercise their freedom to organize.
Limitations of Collective Bargaining
When the labor union is in place, both the employer and employee sit down in the negotiating table. With their representatives in tow, the two parties enter what is known as a labor contract. This is a private agreement designed to regulate certain work-related issues. Among these issues are wages, fringe benefits, grievance procedures, discipline, among others. To the employee, wages and benefits are the important issues.
While Section 8 of the National Labor Relations Act regulates the activities of employers, the Taft-Harley Act likewise puts restrictions on the rights of employees. Under this act, it is illegal to force workers to become members of the labor union. Likewise, union members must not force the employer to throw the iron hand on employees who refuse to cooperate with the union.
Settling Differences
If nothing works, there is a way for both employer and employee to settle their difference and this is through grievance procedures. If the parties cannot reach an agreement, they may call on an “outsider” to settle the difference.
Aside from arbitration, there are other methods of settling collective bargaining issues.
Another form of grievance mechanism is through mediation. The role of mediators is to assist the two parties in pointing out the differences and to come up with suggestions in resolving disputes. However, a mediator does not have the power to make decisions on disputes.
How to File an Unfair Labor Practice Complaint
Typically, an employer, employee, or group of employees may file a complaint with the National Labor Relations Board. After the filing, a representative from the NLRB will conduct an investigation. They will determine jurisdiction, research facts related to the case, conduct interviews with the employers and employees.
If the investigator determines that there is indeed unfair labor practice, the NLRB will order the immediate cessation of such practice and compensation of the victims.
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