The National Labor Management Relations Act (NLRA)

Collective bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010, p.199). Good faith bargaining on the other hand, generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012, pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hour and other terms and conditions of employment”.

Belton, R. (2004). Employment discrimination law: cases and materials on equality in the workplace. Thomson/West

Collective bargaining, as its name implies, is achieved when two or more parties come together to make a decision about something. Specifically, it is achieved when employers and a group of employees work together to decide important terms and conditions regarding employment. These terms and conditions include compensation as well as rights and responsibilities of employees, employers, and unions. They can also include guidelines for resolving problems such as grievances and disputes (Budd, 2010, p. 13).

29 U.S.C. §§ 151-169 (2015). The NLRA enables workers to engage in concerted action free from employer coercion, retaliation, and to bargain collectively with their employer. Id. See also Richard B. Freeman, What Can We Learn from the NLRA to Create Labor Law for the Twenty-First Century? 26 ABA J. LAB. & EMP. L. 327, 327 (2010). Freeman notes that “[t]he NLRA intended to replace the costly organizational fights that historically marred U.S. labor relations with a ‘laboratory conditions’ electoral process . . . .” Id. It also was meant to bolster the economy, facilitate labor peace, and create more jobs. Id.

The National Labor Union was the first labor federation in the united states and it paved the pathway for the Nights of Labor and the AFL. The National Labor Union was led by William H. Sylvis and was in response to unsuccessful efforts to form a national coalition of local trade unions. The National Labor Union wanted instead to bring together all of the national labor organizations, as well as the "eight-hour leagues" which pressed for the eight-hour day, to create a national federation that could call for labor reforms and help found national unions in those areas where none existed. The NLU was made mostly up of construction unions and other groups of skilled employees, but also invited the unskilled and farmers to join. However, they

Employees now had the right to strike, and the employer’s retaliatory powers were limited under the act’s unfair labor practice provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer to share the decision-making power with employees. Employers can’t decide Labor no longer depended on work stoppages to get to the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can’t change any agreement decision without negotiation with union representatives.

The NLRA is entrusted by the NLB, which protects collective bargaining in the private sector. Some of the activities of the NLRB is to primarily conduct elections to determine whether or not employees want union representation, and to investigate and relieve practices that are unfair by employers and unions (Joe Twarog, 2005). When a

As you may know, collective bargaining is the negotiation between union leaders and the company’s management that sets out the terms of employment such as working conditions, base pay, overtime, work hours, and benefits. By law, collective bargaining benefits all workers whether they are in the union or not and non-members receive the same wages and benefits that are enjoyed by union members. Under the National Labor Relations Act (NLRA), workers are afforded the

The NLRA requires management and the union to bargain over certain issues if they are introduced in negotiations. The issues are referred to as mandatory bargaining items and include anything that falls into the category of wages, hours, and working conditions such as health insurance, safety standards, and flexible work hours. To begin, labor law affects what is discussed at the bargaining table, specifically the NLRA requires good faith bargaining over wages, hours, and other terms and conditions of employment. The NLRA also allows the parties to negotiate over certain issues if they are mutually amenable to doing so. For example, if the parties involved choose to negotiate over the treatment of retirees or job applicants, they have the

1. Martin, M., Whiting, F. & Jackson, T. (2010) Human Resource Practice. 5th Edition. London: CIPD.

Labor unions represent workers interests and the collective bargaining process provides a way to manage the conflict (Noe,

Legal, Safety, and regulatory issues all have a large impact on the human resources process as they relate to the statement “Common sense and compassion in the workplace has been replaced by litigation.” In today’s society litigations seem to be an increasing greatly, and administrators do their best to create human resources processes that avoid any possible litigations on them and or their organization.

Collective bargaining is a long, complex, and emotional-rational process, the outcome of which depends on the balance of power between the union and management and their bargaining stances (Ballot, 1992). It is defined by Byars and Rue (1991) as a process that involves the negotiation, drafting, administration, and

The NLRB regulates and determines whether or not an employer has committed an unlawful act of unfair labor practices during the collective bargaining negotiation process (Holley, Wolters & Ross, 2012). During the collective bargaining process the labor union and the employer try to hash out labor relations differences. The goal is for a positive resolution of labor relations disputes between employers and employees. Positive labor relations are good for the economy and for the consumers. Settlement of these difference also create a positive working relationship between the employees and management and avoids work stoppages or economic losses. The collective bargaining process allows for mandatory and permissive subjects to be part of the collective bargaining process (Sockell & Delaney, 1986). Section 9 of the NLRA states that issues such as wages,employment terms and workplace conditions are required subject during the collective bargaining negotiation process (McManemin, 1962). All these actions during the collective bargaining process must done in good faith. Good faith means that the either side in the process meets at a reasonable time to discuss all the mandatory and mutually agreed upon permissive subjects. If the issue is considered permissive the employer is not required to negotiate these issues during the bargaining process. Since the language in the law of the NLRA does explicitly state which issues are mandatory or permissive so these issues have been

Besides that, IR assists organization to avoid or reduce industrial disputes. This goal can be achieved through collective bargaining. Collective bargaining is the written agreement between trade union and an employer about terms and conditions of work and employment of the union members (Parasuraman, 2004). In the process of collective bargaining, the dialogue and communication from both sides will reflect the fundamental human urges or motivations that contribute to satisfaction (Importance of Industrial Relations, n.d.). As a result, the understanding of each other fosters cooperation and reduces disputes