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.
The rights and duties for employees, labor unions, and employers are set by labor law in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
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.
The Brotherhood of Locomotive Firemen and Enginemen was a North American railroad fraternal benefit society and trade union in the 19th and 20th centuries. The organization began in 1873 as the Brotherhood of Locomotive Firemen, a mutual benefit society for workers employed as firemen for steam locomotives, before expanding its name in 1907 in acknowledgement that many of its members had been promoted to the job of railroad engineer. Gradually taking on the functions of a trade union over time, in 1969 the B of LF&E merged with three other railway labor organizations to form the United Transportation Union.
Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry, 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment.
Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), deals with First Amendment rights and unions in public employment.
Arthur Davis Shores was an American civil rights attorney who was considered Alabama's "drum major for justice".
Charles Sterling Hutcheson was a United States district judge of the United States District Court for the Eastern District of Virginia.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
The Order of Railroad Telegraphers (ORT) was a United States labor union established in the late nineteenth century to promote the interests of telegraph operators working for the railroads.
14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009), is a United States labor law case decided by the United States Supreme Court on the rights of unionized workers to sue their employer for age discrimination. In this 2009 decision, the Court decided that whenever a union contract "clearly and unmistakably" requires that all age discrimination claims under the Age Discrimination in Employment Act of 1967 be decided through arbitration, then employees subject to that contract cannot have those claims heard in court.
Railway Labor Executives' Association (RLEA) was a federation of rail transport labor unions in the United States and Canada. It was founded in 1926 with the purpose of acting as a legislative lobbying and policy advisory body. At times, it played a prominent role in setting rail transport policy in the U.S., and was party to six U.S. Supreme Court cases. It disbanded in January 1997, with representation, collective bargaining, and legislative lobbying assumed by the newly formed Rail Division of the AFL–CIO Transportation Trades Department.
Union Pacific Railroad v. Brotherhood of Locomotive Engineers, 558 U.S. 67 (2009), was a United States Supreme Court decision on labor disputes.
The Brotherhood of Railroad Trainmen (BRT) was a labor organization for railroad employees founded in 1883. Originally called the Brotherhood of Railroad Brakemen, its purpose was to negotiate contracts with railroad management and to provide insurance for members.
The Switchmen's Union of North America (SUNA) was a labor union formed in October 1894 that represented the track switch operators and people who coupled railway cars in railway yards in the United States and Canada. It became part of the United Transportation Union in 1969.
The International Association of Railway Employees (IARE) was a union for black railroad workers formed in 1934 at a time when the major railroad brotherhoods restricted membership to whites. Members included conductors, trainmen, engineers, shop mechanics, porters and maintenance-of-way employees. It joined the United Transportation Union in 1970.
The Burlington railroad strike of 1888 was a failed union strike which pitted the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive Firemen, and the Switchmen's Mutual Aid Association (SMAA) against the Chicago, Burlington and Quincy Railroad (CB&Q) its extensive trackage in the Midwestern United States. It was led by the skilled engineers and firemen, who demanded higher wages, seniority rights, and grievance procedures. It was fought bitterly by management, which rejected the very notion of collective bargaining. There was much less violence than the Great Railroad Strike of 1877, but after 10 months the very expensive company operation to permanently replace all the strikers was successful and the strike was a total defeat for them.
JI Case Co. v. National Labor Relations Board, 321 U.S. 332 (1944), is a United States Supreme Court case dealing with labor law. Workers at the company's factory had voted to unionize, but J.I. Case Company had refused to negotiate with the new union, and tried to enforce old contracts instead. The court upheld the NLRB's decision that they'd violated the National Labor Relations Act, but said that the NLRB had to re-word the order it had issued.
Steele v. Louisville & Nashville Railway Co., 323 U.S. 192 (1944), is a United States Supreme Court case, concerning U.S. labor law, specifically, the responsibility of every formally recognized labor organization to equally represent all the members of their class or craft, under the Fair Labor Standards Act (FLSA). In particular, the Court ruled that the Act covered employees regardless of whether any particular individual(s) are, or are not, members of the duly recognized labor organization labor unions.
