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collective bargaining

The collective agreement is not made between parties who seek each other out for the purpose of entering into a business transaction and who can shop around among competitors for the best connection. It is made between parties who find themselves already in an agreement already. The union does not choose the employer and the employer does not choose the union. Both are dependent on the same agreement and neither can pull out without destroying it. Even when a dispute between them results in suspension of operations, they must strive so to adjust the dispute as to resume their relationship. When disputes arise there are three procedures that people can follow to come to an agreement on the terms stated by the employer. The first procedure called conciliation and mediation is when a mediator is called upon and studies the situation and suggests a possible move towards settlement. The second procedure is voluntary arbitration. Each party agrees to submit a case to an impartial third party and agrees to abide by the decision of the arbitrator. The last procedure that could be used is called Compulsary arbitration where the government gets a disputing party to submit their dispute to an arbitrator whose decision is binding to both parties. A Strike is a temporary work stoppage by employees who go on strike to force an employer to grant their demands. The employers side of a strike would be a lockout which is a closing of a plant designed to win over a dispute. A lockout is an economic pressure tactic of an employer during negotiations. This happens when the employees are not getting what they want in the negotiation. Lockouts may also be an illegal attempt to discourage union activity. Lockouts are the most visible evidence of labor disputes and are forms of economic warfare. As such, they often bring severe losses to those engaged in them.
             There are three basic functions of collective bargaining, a market or economic function.


Essays Related to collective bargaining

1. Collective Bargaining

The unions have three particular areas of activity used to represent the members; they are mutual insurance, legal enactment and collective bargaining. ... (Rose. 2001.190) The method by which trade unions represent their members is by negotiation or collective bargaining. From "1945 to the 1970's saw collective bargaining by employers and unions as the means of determining pay and settling disputes." ... (Salamon, 1987. 266) "Coverage of collective bargaining in 1990 was at 47% in the UK after a peak period of 70% in the mid-1970's, reports the OECD (1993). ... (Edwards, 1...

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2. Collective Bargaining Agreements

A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. ... In order to retain as much authority as possible in the direction of the workplace, management usually seeks to include certain provisions in collective bargaining agreements. ... A "no-strike"" clause is a contract provision in which the union agrees to refrain from calling a work stoppage during the term of the collective bargaining agreement. ... Virtually all collective bargaining agreements include some form of grievance p...

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3. Distributive Bargaining and Mediation

Distributive bargaining is typically referred to us as the win-lose. ... On advantages, it is true that distributive bargaining is non-adjudicative. ... Another advantage of distributive bargaining is that it is voluntary. ... Just like in mediation, confidential is another advantage of collective bargaining. ... Lastly, distributive bargaining is flexible. ...

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4. Legal regulations of management

It is the employment contract ( individual contract'), collective bargaining and collective agreements (or collective contract'). ... It is collective agreement, which reached through collective bargaining. So lets first describe the collective bargaining. Collective bargaining Davis A. ... The object of collective bargaining is also described differently. ...

  • Word Count: 1400
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5. Labor Rights as Human Rights

In the twenty- first century, the Supreme Court has also expanded the scope of federal and provincial charters by maintaining the rights of employees to engage in collective bargaining. ... This case was significant to expanding the applications of the Charter because it established that the right to freedom of association could be applied to labour organization activities such as the formation of employee associations or collective bargaining. ... Their rights have also been challenged along the lines of the perceived freedom to associate and to collectively bargain for working conditions t...

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6. Mexican Labor

Centralized collective bargaining is one of the biggest hurdles impeding the Mexican economy today. ... In Mexico collective bargaining is actually very centralized. The government demands that the unions that run collective bargaining must register with the state, and all other movements are shut down. ... Thus in Mexico, because of low labor flexibility and centralized collective bargaining, attempts at unemployment reduction have been unsuccessful so far. ... From my initial readings I feel that with decentralized collective bargaining and broader market flexibility, Mexico has the po...

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7. Labor Trends Paper

(Hay, 2003) There are also distinct advantages that promote collective bargaining. Collective bargaining on a global scale allows unions to have a reach that is unprecedented. Locally in the Detroit area it is evident in the auto industry and the collective bargaining power of the UAW and CAW. In the last several years they have been using each other as tools for the contract bargaining table. The report, which reviewed more than a thousand studies on the effects of unions and collective bargaining, finds that bargaining coordination between workers' and employers' organizations in w...

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8. Employment Relations

Collective bargaining Collective bargaining is the process of joint regulation of the employment conditions and procedures between management and employees. ... Collective agreements are the outcome of collective bargaining, which can be divided into two main categories: Procedure agreements regulate the behaviour of the parties. ... "Collective bargaining may then be defined as a method of resolving conflicts which is characterized by its involvement of at least two opposed parties who have a different (even opposed) interest in the outcomes of decisions, but who come together voluntarily...

  • Word Count: 2808
  • Approx Pages: 11
  • Grade Level: Undergraduate

9. The Rules of Plea Bargaining

This essay will discuss the reasons people accept plea bargains, courtroom workgroup role and incentives in plea bargaining, and the impact of race on plea bargaining. What is plea bargaining? ... The courtroom workgroup contains the individuals and teams who work collectively to effectively prosecute a criminal court case. However, when it comes to plea bargaining prosecutors are the main and most important players in the plea bargaining process. ... The judge role in plea bargains now is a neutral role since they are not allowed to be involved in the plea bargaining process [May84]. ...

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