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Collective Agreement Meaning In English

In cases where the employer doubts that a union has majority support, the employer may “early withdraw” the union`s recognition by insisting on a collective agreement that will expire at the end of the certification year (Rock-Tenn Co. v. NLRB, 69 F.3d 803 [7th Cir. 1995]). The provisions of collective agreements most often concern working time. These issues are, for example, systems for compensating for shiftwork, remuneration for shiftwork and weekly days off. One area of the ongoing conflict between unions and employers is where wage increases are mandatory bargaining issues. In Acme Die Casting v. NLRB, 26 F.3d 162 (D.C Cir. 1994), the Court of Appeal analysed the employer`s historical practice of fixing the frequency and level of wage increases and found that the granting of a wage increase was not left to the discretion of the employer and that it could not be decided without negotiation with the union. Until 2003, the U.S. Supreme Court had not resolved this question of whether wage increases were mandatory subjects of collective bargaining, so federal appel courts developed their own rules to address this issue.

If an employer does not exercise a margin of appreciation in setting the date or amount of a wage increase, the issue of wage increases is a mandatory subject for collective bargaining. NLRB v. Beverly Enter.-Mass., Inc., 174 F.3d 13 (1st Cir. 1999). Even if an employer exercises a certain margin of appreciation in setting the wage increase, such as.B an annual increase to cover the cost of living does not prevent the wage increase from becoming a mandatory subject if the company has long granted such wage increases. NLRB v. Pepsi-Cola Bottling Co., No. 00-1969, 2001 WL 791645 (4th Cir. 13 July 2001).

In addition, there are generally binding collective agreements. These important agreements also bind unorganized employers and the workers who work for them. Collective agreements also include decisions on working time and overtime pay.

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