In collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement. [1] [2] In this regard, it is a form of bad faith bargaining. [1]
Distinguishing surface bargaining from good faith bargaining is extremely difficult. [3] The entire history of the negotiations must be assessed, including the party's intent, efforts made toward reaching an agreement, and any behavior which may be seen as inhibiting the bargaining process. [4] [5] Surface bargaining tactics may include making proposals the other party could never accept, taking inflexible or unreasonable stands on issues, and/or refusing to offer alternatives to proposals. [5] [6] Reneging on agreements already reached during the collective bargaining process, raising new issues late in the negotiations, or failing to follow generally accepted procedures for collective bargaining may also be seen as signs of surface bargaining. [7]
Based upon the "totality" of a party's actions during collective bargaining, surface bargaining may be found if there was a purposeful effort to avoid or frustrate mutual agreement. [5] Under U.S. law, it is an unfair labor practice and a breach of the duty to bargain in bad faith. [5]
Surface bargaining is barred under the labour law of many countries. Federal and provincial Canadian labour law bars surface bargaining, and Canadian courts have held that the test for determining surface bargaining is to look at the totality of the negotiations. [8] In New Zealand, surface bargaining is a violation of the Employment Relations Act 2000 (as amended). [9] A "Code of Good Faith" promulgated by the Employment Relations Authority supplements the legal statute, however, and lays out a number of rules for good faith bargaining. [7] In the United States, surface bargaining constitutes an unfair labor practice under the National Labor Relations Act. [5] [10] US courts have held that "hard bargaining" (taking a firmly held and well-explained position), failing to make a concession, and/or failing to reach an agreement do not constitute surface bargaining under federal labor law. [11] Additional evidence, such as away-from-the-table statements or behavior, is needed to prove surface bargaining in the U.S. [11]
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: CS1 maint: location missing publisher (link)A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Industrial relations or employment relations is the multidisciplinary academic field that studies the employment relationship; that is, the complex interrelations between employers and employees, labor/trade unions, employer organizations, and the state.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
Featherbedding is the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time-consuming merely to employ additional workers. The term "make-work" is sometimes used as a synonym for featherbedding.
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
The duty of fair representation is incumbent upon Canadian and U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination.
Royal Oak Mines Incorporated was a gold mining company, founded in 1990 by Margaret "Peggy" Witte in Kirkland, Washington.
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Ellen Dannin was an American professor who taught and wrote primarily about American and New Zealand labor and employment law. She also wrote about privatization of government services and public infrastructure. Her last law school position was as the Fannie Weiss Distinguished Faculty Scholar and professor of law at Penn State Dickinson School of Law.
Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".
Michael H. Belzer is an American academic and former truck driver, known as an internationally recognized expert on the trucking industry, especially the institutional and economic impact of deregulation. He is a professor in the economics department at Wayne State University. He is the author of Sweatshops on Wheels: Winners and Losers in Trucking Deregulation. Along with Gregory M. Saltzman, he coauthored Truck Driver Occupational Safety and Health: 2003 Conference Report and Selective Literature Review, National Institute for Occupational Safety and Health, 2007. He has written many peer-reviewed articles on trucking industry economics, labor, occupational safety and health, infrastructure, and operational issues.
An unfair labor practice is discrimination by an employer in Japan against a worker who is associated with a union, or refusal by an employer to negotiate with a trade union, or interference in the activities of a union. Unfair labor practices are defined under Article 7 of the 1949 Trade Union Law. They are ruled on by Labour Relations Commissions.
A master contract or master agreement is a collective bargaining agreement which covers all unionized worksites in an industry, market or company, and which establishes the terms and conditions of employment common to all workers in the industry, market or company.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission.