Collective Bargaining Agreements
Collective Bargaining Agreements

Author: LandMark Publications

Publisher:

Published: 2017-05-20

Total Pages: 540

ISBN-13: 9781521316245

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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).

United States Code
United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"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.

Collective Agreements and Individual Contracts of Employment
Collective Agreements and Individual Contracts of Employment

Author: Micha? Sewery?ski

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 272

ISBN-13: 9041121900

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While it can be said that the use of collective labour agreements has greatly expanded during the last decade, it is hard to deny that their power to protect employees has diminished considerably and continues to weaken. An understanding of the factors that have contributed to this fundamental change in economic and social conditions is of crucial significance if we are to preserve an equitable balance in the employer-employee relationship. The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question: factors determining the role of collective agreements; factors determining the regulatory power of collective agreements toward the employment contract; factors limiting the regulatory power of collective agreements; degree of fredom of the parties to shape the employment contract; and future prospects for collective agreements as a means of regulating the employment contract. Underlying issues of decentralization, minimum standards, decreasing unionization, unemployment, and the growing individualization of the employment contract are addressed by all the authors. The countries covered are Australia, Belgium, Canada (Quebec), Greece, Italy, Japan, The Netherlands, Poland, South Africa and Switzerland.

Understanding the Teacher Union Contract
Understanding the Teacher Union Contract

Author: Myron Lieberman

Publisher: Transaction Publishers

Published:

Total Pages: 244

ISBN-13: 9781412840644

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Unionization of teachers has led to fundamental changes in the management of education and in relations between teachers and school districts. Understanding the Teacher Union Contract explores the implications of this collective-bargaining revolution in education. Through detailed examination Lieberman shows how the kinds of provisions typically found in teacher union contracts affect the educational workplace and education reform, and how they might be revised to the benefit of students, parents, and the public. Lieberman begins with the respective roles of school district management and teacher unions. Unlike managers in the private sector, school district officials are part of a government agency that is legally responsible for operating public schools in the public interest. They must balance the interests of employees with the needs of students, taxpayers, and parents, as well as with district educational goals. Teacher unions' primary objectives are to enhance employee welfare and to promote the union as an effective organization. Unions must balance the differing needs of various groups within their membership -- for example, by resolving tensions between older teachers who want improved retirement benefits and younger teachers who might prefer more rapid salary increases. Lieberman shows how competing union and management goals play out in collective bargaining and are embodied in teacher union contracts. He argues that by developing an understanding of teacher unions, their role, and their needs, district officials and school board members can bargain more effectively and develop a productive ongoing relationship with unions. This highly readable book will be of interestnot only to school administrators and board members but also to teacher representatives, parents, taxpayers, and members of the media who report on education.

Examples of Language and Interpretation in Public Sector Collective Bargaining Agreements
Examples of Language and Interpretation in Public Sector Collective Bargaining Agreements

Author: June Weisberger

Publisher: Ithaca, N.Y. : Institute of Public Employment, New York State School of Industrial and Labor Relations, Cornell University

Published: 1974

Total Pages: 132

ISBN-13:

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Monograph presenting samples of language and interpretation in public sector collective agreements in the USA - includes examples of grievance arbitration, management rights clauses, clauses relating to discipline and dismissal, etc. References.