Management Labor Relations Collective Bargaining Research Paper

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Collective bargaining is made up of negotiations between an employer and a group of workers that decide the conditions of employment. Frequently workers are represented in the bargaining by a union or other labor association. The outcome of collective bargaining procedure comes in the form of a collective bargaining agreement (CBA). Collective agreements may be in the shape of procedural agreements or substantive agreements. Procedural agreements have to do with the association between workers and management and the procedures to be put into place for settling individual or group disagreements. This generally includes procedures in regards to individual grievances, disputes and discipline. Commonly, procedural agreements are put into the businesses rule book which supplies information as to the general terms and conditions of employment and rules of behavior that apply (Collective Bargaining Process, 2007).

For many months, the Department of Education, Board of Education, and the State of Hawaii underwent bargaining with the Hawaii State Teachers Association in order to reach a new two-year agreement. Eventually both sides agreed to a temporary five percent wage reduction and an equal share of health care premium expenses, just like those that had been agreed to by other public workers. This agreement though was promptly rejected by the board. With the proposed agreement rejected and the old contract about to expire, the Superintendent of the school district sent a letter to the teachers, notifying them that the state would be implementing the terms agreed to by negotiators, referred to as the last, best, and final offer. Implementation of the last, best and final offer was legal since it is part of the collective bargaining process (Abercrombie, 2011).

8. Decertification of a CBA has been in the news of late because of the NFL. In the case of the NFL decertification entailed dissolving itself as a union, which left no organizing body for the NFL owners to negotiate with. The players then formed a loose trade association in order to conduct internal business and deal with the media. Under this agreement they could not negotiate with owners. The strategy behind decertification was to allow the players to present a class-action lawsuit against the owners.
Courts are known for not taking on labor cases when there's a union involved, because they feel that the union and management should be able to work things out. With no union around the players were free to take their case to the courts (2011 NFL Lockout, CBA Roundup: Decertification explained, 2011).

References

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