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Define and discuss the term "collective bargaining." The term "collective bargaining" refers to a process in which employers and employees (or their representatives, like trade unions, etc.) come together and voluntarily negotiate working conditions. Typically, these discussions come up at the end of a contractual period and focus on things like wages, work hours, benefits, safety of the workplace, overtime procedures, grievance and mediation procedures, and the level at which owners and management will allow workers to participate in the operation and strategic mission of the company.

In order for there to be collective bargarining, however, there needed to be a philosophy of labor; the term itself was first used in 1891 but the concept of unions and labor vs. management and owners, of course, harkens back to Karl Marx and even labor issues prior. Collective bargaining in the contemporary, especially post World War II world is quite different than the union vs. management mentality that so occupied the history of labor in the 19th and early 20th centuries.

Source: "Collective Bargaining," Cornell Law School. Cited in: http://topics.law.cornell.edu/wex/collective_bargaining

Part 2 -- Identify and discuss three laws that support collective bargaining.

Law 1 -- The Railway Labor Act (1926) -- This act was passed to govern labor relations for the railroad and airline industries; but was ammended in 1934, 1936, and 1951 to substitute bargaining, arbitrtation and mediation for strikes as a way to reduce and resolve labor issues. In part, this was in response to the 1922 national railroad strike that crimplled the nation, reduced transportation, and showed Congress that something needed to be put in place with more authority.

Law 2 -- the National Labor Relations Act of 1935 -- or some call it the Wagner act, was put into place and signed by Franklin Roosevelt that established legal limits to how companies could deal with labor unions, collective bargaining, and strikes. This was part of Roosevelt's plan to allow more workers to get back into the workforce without frightening companies about increased labor strikes.

Law 3 -- The Fair Labor Standards Act -- (1938) -- Sometimes known as the Wages and Hours Bill, this is a federal statute. The FLSA established a few new wage issues that were important in helping the nation recover from the Great Depression. It guaranteed time and a half for overtime in certain jobs; prohinited employment of minors in oppressive child labor, and helped establish precedent for the 40-hour work week. It has been amended a number of times to keep pace with technology, labor supply and demand, and cultural issues.

Sources: "Wages and Hours," (December 13, 1937). Time Magazine. Cited in: http://www.time.com/time/magazine/article/0,9171,758587,00.html

Part 3 -- Define and discuss four issues that are potential components of a collective bargaining agreement. Of course, each situation bnetwen labor and management is different. However, in general, the four issues that are potential components of a collective bargaining agreement are:

Compensation -- which includes base wages, any benefits, vactions, holiday time, over time, etc. -- anything dealing with the montary side of the labor issues.

Peronnel Policies -- Procedures that govern layoffs, promotions, transfers, vacation rules, sick-leave rule.

Employee Rights and Responsibilitiews -- Senotiryt, jiob standards, workplace rules.

Employer Rights and Responsibilities -- Managerial hiring, jobs, discilpine for just cause and firing procedures, subctontracting, workplace safety issues.

Source: Collectie bargaining, Cornell Law School. Cited in:

http://www.law.cornell.edu/uscode/45/usc_sec_45_00000797-g000-.html

Part 4 -- Discuss the process of establishing a union in the workplace. Working within the U.S. Government and several legal cases, the AFL=CIO has established steps to establishing a union in the workplace"

1. Organize a committee to act as the focal point in bettering working conditions. This is the organizing committee that is responsible for providing leadership as the process of unionizing happens.

2. Affiliating with a larger union -- Affiliation with the AFT or other national, regional or state union.

3. Working to establish the union -- a) employer can voluntarily recognize, b) employer can recognize the union after a majority vote of the workers, or c) union may petition state labor board for official ballot on whether the company should organize.

4. Determin the bargaining unit and who it will cover. Only those elgible (covered) may vote.

5. Charter a local -- formally affiliates with another union, or a local is chartered after the election .

6. Moves towards process of forming a union constitution, legal papers, and then being put into a position of helping to negotiate a contract.

Source: AFT, Forming a Union. Cited in:

http://www.aft.org/about/union101/forming-union.cfm

Part 5 -- Define and discuss three examples of unfair labor practices. Unfair labor practices are certain activities that a business or organization commites that violate any labor law, particularly the National Labor Relations Law. Examples of this might be:

Interfere with employees forming a union, banning, discriminating, or threatening employees who decide to unionize.

Refuse to bargain with the duly elected union.

Threatening plant closure or job loss if a union or union election is formed or held.

Assigning difficult or dangerous work or working conditions to those who support the process of unionizing.

Source: Unfair Labor Practices, Employee Issues.com. Cited in:

http://employeeissues.com/unfair_labor-practices.htm

Part 6- Define and discuss the role and function of an arbitrator. In many ways, the role of an arbitrator is similar to that of a judge in court. The arbitrator is to act in a fair and neutral way to help resolve a dispute by listening to the facts and arguments and make a decision. This is different than mediation -- in arbitration, the arbitrator is agreed upon by both parties and who is given the authority to decide the outcome of the issue. Court proceedings are held in public, typically arbitration in private a time and place more convenient to the parties under questions. Unlike the Court, the Arbitrator can use common sense, ethical and moral juidgement, or past behavior of the two sides to help guide a decision. There are some legal precedents to follow; but far fewer than in a formal court event.

Source: Compte, O. And Jeheil, P. (1995). "On the Role of Arbitration in Negotiations." Cited in: http://www.enpc.fr/ceras/jehiel/abritrator.pdf

Part 7 -- Describe the process of administering a collective bargaining agreement. Because Collective bargaining is fundamental to management-organized labor relations in the United States, the process of administering such an agreement is quite important. This agreement coveres the basic organizational structure that the two parties will agree upon -- instead of one side or another trying to dominante. Administering collective bargaining, then, is really organizing a rubric to administer the grievence procedure that is outlined in the contract.

The first step of the grievance is to file the document with a supervisor allowing an appeal to move up the management ladder. Then the parties must decide how the grievence will be handled, whether binding arbitration will be used, or how the continued contract negoaitions may or may not be affected by the administration of collective bargaining. The point of collective bargaining, and therefore the administration of such, is the work bargaining. It is not mean to be a solid position without any room for compromise, but a way to allow both sides a win situation by using the administrative tools to find a way to compromise and work together.

Source: Colsoi, T. And Berklely, A. (2006). Collective Bargaining: How it works and why. American Arbitration Association.

Part 8 -- Describe the process of decertification of a labor bargaining unit. The National Labor Relations Act that allows employees to elect a union as their exclusive bargaining representative also allows them to stop, or decertify, that process. This decertification election allows the employees to vote a union out, but also governs several aspects of when and how that may happen.

For instance, decertification petitions must be signed by no fewer than 30% of employees, must be filed when a contract is NOT in effect or agreed upon window, and must also be free of any coercive influences from management. Once the petition and preliminary work is done, a formal document must be filed with National Labor Relations Board, which will schedule a decertifying election, typically within 60 days. During that time period, management and labor may campaign. Once the election is held, the NLRB will decertify the union if a simple majority, 50.1%, votes against the union.

Source: Ohio Hosptial Association, "The Decertification Process," Cited in:

http://www.ohanet.org/SiteObjects/305666E6FE839B8E8B03B06A98A8DEE5/Summary%20of%20Decertification%20Process.pdf