Duty to Bargain (White &GE)

Slides:

Advertisements

Similar presentations

Advertisements

Contract Maintenance. Two Main Functions of the Collective Bargaining Agent Defining the relationship between the employer and the employee - Negotiations.

U.S. Environmental Protection Agency and AFGE, Council 238, 65 FLRA 113 (September 29, 2010)(Member Beck concurring) FLRA denied Agency exceptions to arbitration.

Negotiation Skills Workshop By, L.Jayachandra Naidu.

Duty of Fair Representation Duty of Fair Representation - MB Labour Relations Act s. 20 Every bargaining agent which is a party to a collective agreement,

Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning Managing Human Resources Managing Human Resources.

FDA Performance Management Program (PMP)

PowerPoint Presentation by Charlie Cook The University of West Alabama 1 Human Resource Management ELEVENTH EDITION G A R Y D E S S L E R © 2008 Prentice.

AFGE Education and Leadership Development Legal Rights of Union Reps  Fed’l Sector Labor Mgt Relations Act (FSLMRA)  “Weingarten Rights”  Mid-term.

Chapter 10 Labor Relations and Collective Bargaining

1 Negotiations and Industrial Conflict. 2 Four Subtypes of Bargaining Distributive –Classic Bargaining Integrative –Health and Safety Intraorganizational.

2011 Negotiations Between Chicago Board of Education and the Chicago Teachers Union How the denial of promised 4% raises affects the contract bargaining.

1 The Negotiating Process In determining whether the parties are “bargaining in good faith”, the NLRB relies on it’s totality-of- conduct concept rather.

#4: Labor Law and Professional Sports. Overview of Labor Law 1935 Wagner Act grants workers right to organize as unions, and takes labor disputes out.

Legal Aspects of Public Procurement Portland State University ISQA 440, Governmental Procurement.

Labor and Unions CHAPTER 8 SECTION 1: The U.S. Labor Force

17-1 Dessler, Cole and Sutherland Human Resources Management in Canada Canadian Ninth Edition Chapter Seventeen Collective Bargaining and Contract Administration.

Police Administration: Structures, Processes, and Behavior

Grievance. Some important points from collective agreement Leaves Wages Designated University holidays Hours of work and work assignment.

Ag Business. A social agreement between 2 or more parties which sometimes may not be legal A legally binding agreement that is enforceable by law. Definition:

Bargaining Zone Framework

Labor Law and Collective Bargaining Chapter 11. Copyright © 2007 Thomson Delmar Learning Objectives Define –Collective bargaining –Bargaining in good.

Legal Issues in Collective Bargaining Presented by Matt Harris, CWA Attorney January 13 & 19, 2011.

Collective Bargaining Overview, Philosophy and Strategy.

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.

Negotiating the Labor Agreement

Essentials Of Business Law Chapter 28 Employment Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

1 FLRA/FSIP UPDATE: UNANSWERED QUESTIONS CONCERNING FSIP’S AUTHORITY UNDER THE STATUTE.

I NSTITUTE OF N EW K HMER Human Resources Managements Lectured by: NOUV Brosh Mobile Phone: &

Class 7 Bankruptcy, Spring, 2009 Executory Contracts Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago

1 Litton Financial Printing Court balancing three conflicting doctrines –In the absence of an agreement to extend contract past the expiration date, Katz.

Chapter Six Collective Bargaining

Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.

Labor Relations and Collective Bargaining. Labor and Management In United States Labor like laborers were seen as second or third class citizens in early.

© 2008 by Prentice Hall12-1 Bargaining Unit Consists of employees (not necessarily union members) recognized by employer or certified by administrative.

Duty of Fair Representation Your responsibility as a union officer or steward.

Collective Bargaining

1 INSURANCE AGENTS TWO DIFFERENT CONCEPTS OF BARGAINING –BOARD: Reasoned Discussion –COURT: “Rough and Tumble” POINT: NO INCONSISTENCY BETWEEN PRESSURE.

Interest-Based Bargaining.  Interest-based bargaining involves parties in a collaborative effort to jointly meet each other’s needs and satisfy mutual.

Truitt A violation of 8(a)(5) for an employer to repeatedly refuse to provide relevant (financial or other) information when the claim is relevant to bargaining.

White v. NLRB Elements of good faith satisfied by er – Met with union –Exposed themselves to arguments –Tried to seek agreement – Willing to sign an agreement.

Collective Bargaining Workshop A Legal Overview Presented by.

Dispute Resolution Group 7 Adam, Bret, Matt, Angie, Kyle, & Jake Group 8 Ashley, Cindy, Damien, Mark, Jill, Erik, & Brandon.

How to Collectively Bargain A step by step guide.

UNDERSTANDING LABOUR RELATIONS & HEALTH AND SAFETY.

McGraw-Hill/Irwin © 2005 The McGraw-Hill Companies, Inc., All Rights Reserved. CHAPTER EIGHT BARGAINING Once a union is organized by a group of employees.

Employee Rights Education THE NLRA AND ORGANIZING TACTICS.

Labor Relations and Collective Bargaining

Facilitated Intensive Negotiations

DOs and DONTs of Direct Communications in Negotiations

PowerPoint Presentation

What Small and Emerging Contractors Need to Know Understanding Dispute Resolution Options in the Construction Industry © Copyright 2017 NASBP.

Bargaining Process Timeline

Vaca v. Sipes Preemption Issue

Public Sector Unionism

©2013 Cengage Learning. All Rights Reserved

Linden Lumber Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election.

What is Collective Bargaining?

Presentation by: Karthik Kumar Dodda.

NLRB v. Katz (and following notes)

General Electric (Majority)

The Negotiating Process

این دوره شامل: تعریف مذاکره کلمات کلیدی ورودی ها انواع مذاکره

Trade Unions in the UK Labour Market

How does labor/laborers affect the economy? [p ]

Labor Relations and Collective Bargaining

Organized Labor in the United States

UNFAIR LABOUR PRACTICE COMPLAINTS

NLRB v. Katz (and note 4) Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations Indicates no.

(Francesca Cuomo Ulloa, Italy)

Presentation transcript:

Duty to Bargain (White &GE) Tuttle-Friendly View (White Majority/GE Dissent) Search for Bad Faith BF defined as absence of desire to reach agreement with union in writing and signed Focus on process, no obligation to make concession Generally Objective Standards Kaufman-Rives View (GE Majority/White Dissent) Search for Good Faith Meeting of minds common ground Er willingness to sign agreement not a per se indicator of good faith (Kaufman: “mutually satisfactory” accord) Generally Subjective Standards

“Surface Bargaining” Negotiation designed to frustrate or avoid mutual agreement “going through the motions” Indicators of surface bargaining Adamant insistence Delaying tactics and arbitrary scheduling Unreasonable bargaining demands (refusal to consider grievance procedure and arbitration) Withdrawal of agreed upon items Inserting new items late in negotiations Degrading statements toward union (“slim majority”) Developing Labor Law, 5th Ed., pp. 864-73.

Issues Concessions Agreement on some issues may show good faith may not definitively indicate bad faith may be used to show good faith Agreement on some issues may show good faith “Hard bargaining” not illegal Does nature of Er’s proposals nullify union as a bargaining agent? Insistence on incorporation of Er handbook bad faith

Other Indicators Dilatory tactics Lack of authority of negotiators to agree Imposing conditions