Bargaining Agreement Term
OPEN WORKSHOP – A bargaining unit in a business or establishment where, although employees are represented by a duly elected union, are not required to pay union dues or service fees for representation, but the union is required by law to provide. To learn more about what is included in collective agreements, click here. UNILATERAL ACTION OR MODIFICATION – A measure taken by an employer that affects, modifies or modifies a subject of mandatory bargaining without negotiation with the union. A formal signed agreement that complements the collective agreement. A letter of intent generally addresses an important issue that arose during the term of the agreement and represents mutual understanding between the parties on that issue. A Letter of Intent can also be referred to as a Memorandum of Understanding (MOU), Letter of Understanding (LOL) or Letter of Understanding (LOA). DISTRIBUTIVE NEGOTIATION OR NEGOTIATION – Distributive negotiation is the negotiation or negotiation approach that is used when the parties try to divide something – distribute something. This is in contrast to integrative negotiations, in which the parties try to do more of something. This is most often explained in the form of a cake. Participants can work together to enlarge the cake so that there is enough for both to have as much as they want, or they can focus on cutting the cake and try to get as much as possible for themselves. In general, inclusive collective bargaining tends to be more cooperative and distribution negotiations more competitive. Common tactics are to try to gain an advantage by insisting on negotiating on one`s own national soil; have more negotiators than the other party using tricks and deceptions to try to get the other party to admit more than you admit; utter threats or issue ultimatums; In general, one tries to force the other party to give in by crushing or thwarting them, not by discussing the problem as equivalent (as is the case with integrative negotiations). Distributive bargaining is the most common approach used in collective bargaining.
The contract containing the results of the negotiations between the employer and the union and setting out their agreements. Grocery store employees review the negotiations and accept the two-week vacation offer. The measure is finalized and included in a collective agreement, which must be submitted and certified for it to be legally binding. NEGOTIATIONS – Negotiations between the employer and the union or workers` association on the terms and conditions of employment of employees in the collective bargaining units represented. INTEGRATIVE NEGOTIATION – Integrative negotiations are often referred to as interest-based negotiations or “win-win” negotiations. It is a process that integrates the goals and objectives of the negotiating parties involved through creative and collaborative problem solving. It differs considerably from the traditional approach to collective bargaining in pay-as-you-go bargaining. The parties are trained in the approach and often use a moderator throughout the process.
Negotiations are based on mutual trust, in which the parties openly exchange information in order to resolve their problems in a way that benefits both parties. STRUCK WORK – A term used to define a product manufactured by an employer during the duration of a labour dispute or strike with its employees. Strike work is also known as “hot cargo”. An employee who refuses to do strike work is involved in sympathy work. Workers who refuse to do the work of the strikers can be disciplined. The refusal to handle “hot cargo” was severely restricted by the Taft-Hartley Act of 1947 in Section 8(e) of the NLRA. The NLRB states: “With a few exceptions, it is illegal for a union to enter into an express or implied agreement with an employer under which the employer agrees to cease or refrain from handling, using, selling, transporting or otherwise marketing another employer`s products.” TERM CLAUSE (DURATION OF THE CONTRACT). – The contractual clause that specifies the duration during which the contract is in force. If an agreement has a duration of more than three years, the agreement is considered a contract block only for the first three years. An agreement may include an automatic renewal provision, in which case the bar would also be renewed.
There may be separate term clauses for different parts of the agreement. Fixed-term clauses may provide for automatic renewal for a certain period of time if neither party exercises its right to resume the renegotiation agreement. CARD VERIFICATION AGREEMENT – An agreement whereby the employer agrees to recognize a union as a formal bargaining partner of its employees as soon as a third party verifies that a majority of the entire group of workers has signed union membership cards; As a rule, the employer also agrees to start negotiating a first contract as soon as it recognizes the union. Such agreements avoid costly, protracted and confrontational elections. BOULWARISM – A management tactic used at the bargaining table when the employer claims at the beginning of negotiations that his first offer is his “last, best and last” offer and therefore does not get involved in the process. An approach to take or leave for negotiations where there is no give-and-take or substantive discussion. This tactic has been classified by the NLRB as an unfair labor practice. .
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