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Collective Bargaining
Collective bargaining is the process whereby
workers organize collectively and bargain with employers regarding the
workplace. In various national labor and employment law contexts collective
bargaining takes on a more specific legal meaning. In a broad sense, however, it
is the coming together of workers to negotiate their employment.
A Collective agreement is a labor contract between an employer and one or
more unions. Collective bargaining consists of the process of negotiation
between representatives of a union and employers (represented by management, in
some countries by employers' organization) in respect of the terms and
conditions of employment of employees, such as wages, hours of work, working
conditions and grievance-procedures, and about the rights and responsibilities
of trade unions. The parties often refer to the result of the negotiation as a
Collective Bargaining Agreement (CBA).
In the United States, the National Labor Relations Act (1935) covers most
collective agreements in the private sector. This act makes it illegal for
employers to discriminate against workers because of their union membership or
retaliate against them for engaging in organizing campaigns or other
"concerted activities", to form "company unions", or to
refuse to engage in collective bargaining with the union that represents their
employees.
The industrial revolution brought a swell of labor organizing in the US.
The American Federation of Labor was formed in 1886, providing unprecedented
bargaining powers for a variety of workers.[4] The 1926 Railway Labor Act
required employers to bargain collectively with union. In 1930 the United States
Supreme Court, in the case of Texas & N.O.R. Co. v. Brotherhood of Railway
Clerks, upheld the act's prohibition of employer interference in the selection
of bargaining representatives.[4] In 1962 President Kennedy signed an executive
order giving public employee unions the right to collectively bargain with
government agencies. The basic rights of
Employees according to Section 7 of the National Labor Relations Act clearly
states that employees shall have the right to self-organization; to form, join,
or assist labor organizations; to bargain collectively through representatives
of their own choosing; and to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection. Section 7
also protects workers' rights to join labor unions which will best represent
their interests and/or to take other collective action to defend their rights in
the workplace. The act officially recognizes that under modern economic
conditions "an individual unorganized worker is commonly helpless to
exercise actual liberty. As a declared national policy, the NLRA encourages
collective bargaining, defines the rights of employees and employers in this
process, and seeks "to eliminate certain practices on the part of labor and
management that are harmful to the general welfare." |
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