What aspects of the existing contract are usually reviewed by the management pre
ID: 1102123 • Letter: W
Question
- What aspects of the existing contract are usually reviewed by the management preparing for negotiations?
- Identify the important points that should be kept in mind by the management while preparing data for negotiation.
- Briefly explain the basic rules governing the bargaining process.
- Bargaining includes four behavioral components. Identify them.
- What were the union demands in response to companies' request for concessions in the 1980s? Were these demands successful?
- What is an impasse? When does it occur?
- How does mediation facilitate settlement?
- Explain the four different types of strikes.
- Explain the purposes of picket lines.
- What is a slowdown? Why is it difficult to take action against employees protesting in this manner?
- List the different employer responses to strikes.
Explanation / Answer
1) Collective bargaining negotiation between labour unions and corporate employers constitute a specialized area in the field of general negotiations, but the underlying legal and relationship aspects make them distinct. Unlike a general business negotiation and law suit negotiations that are not regulated by statutory provisions, a collective bargaining negotiation is mandated and governed by external laws. Many different statutes comes into play during the negotiation process. Private sector bargaining encounters are regulated by the National Labour Relations Act (NLRA) for most workers and by the Railway Labour Act (RLA) for railroad and airline personnel. Federal workers are covered by the Civil Service Reform Act, while state and local government personnel are under state public sector bargaining laws.
Under the applicable statutes, employees have the right to organize and to select exclusive bargaining agents to negotiate collective agreements defining their wages, hours, and working conditions. They may engage in concerted activity for mutual aid and protection. For private sector workers, this allows them the protected right to strike. Although federal workers and most state and local employees are prohibited from striking, several states do permit non-essential personnel to participate in work stoppages. Individuals who engage in a lawful economic strike may not be dismissed or otherwise disciplined for such protected activity, but under the Mackay Radio decision of the Supreme Court they may be permanently replaced. After they have been replaced, they maintain preferential recall rights and must be rehired as positions become available before outside persons are hired.
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