Ollective Bargaining:
collective agreements are agreements that cover two or more employees who are Union members.Only registered trade unions and employers may negotiate collective agreements. If you are involved in the negotiation of a collective agreement, you must ensure that you follow the correct procedures.
The Employment Relations Act 2000 requires employers and unions to negotiate in good faith on collective agreements. This includes requirements to meet and consider and respond to the proposals of some and others. This also means that employers and trade unions must conclude a collective agreement unless a real reason on reasonable grounds does not conclude the agreement.
Who needs this information?
• Any person who has paid employment or employing other people in paid work
• Employers, employees and unions to negotiate new collective agreements
• Anyone who wants to know what can be included in collective agreements
• Anyone who wants to know the expiry of collective agreements
• Anyone who wants to know about sending in a copy of their collective agreement with the Ministry of labour
• Anyone wishing to identify their rights and obligations concerning strikes and lockouts. GOLD
Collective bargaining
is the process by which workers organize together to meet, converse and compromise on work environment with their employers. It is the practice in which the union and society representatives meet to negotiate a new contract of employment. [1] In the various national labour and employment law contexts, collective bargaining takes on a more precise legal meaning. In a broad sense, however, it is the meeting between workers to negotiate their employment.
A collective agreement is a contract of employment between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a Trade Union and employers (represented by management, in some countries of the employers ' organization) in relation to the conditions of employment of employees, such as wages, hours of work, working conditions and procedure for grievances and on the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as an agreement negotiation Collective (CBA) or as a collective of employment (ECA) agreement. Theories
A number of theories - in the areas of labour relations, economics, science, politics, history and sociology (as well the writings of activists, workers and trade unions)-have attempted to define and explain collective bargaining.
One theory suggests that collective bargaining is a human right and therefore worthy of legal protection. Article 23 of the Universal Declaration of human rights identifies the ability to organize unions as a fundamental human right. Article 2, point (a), of the Organization'sDeclaration of International work on the fundamental principles and rights at work sets the "freedom of association and the effective recognition of the right to collective bargaining as a fundamental right of workers. In June 2007, the supreme Court of the Canada considered the rationale given to collective bargaining as a human right. In the case of facilities Subsector Bargaining Assn.. v. British Colombia, the Court made the following observations:
The right to bargain collectively with the employer enhances the human dignity, the freedom and autonomy of workers by giving them the opportunity to influence the establishment of work rules and thus obtain a degree of control over a major aspect of their lives, namely their work.
Negotiation is not simply an instrument to reach the external ends... collective rather [it] is intrinsically valuable as an experience in self-government.
Collective bargaining allows workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the implementation of the rules that govern a major aspect of their lives.
Economic theories also provide a number of models intended to explain certain aspects of collective bargaining. The first is the so-called model of Union of monopoly (Dunlop, 1944), whereby the union's monopoly has the power to maximize the rate of pay; the company then chooses the level of employment. This model is discontinued by the recent literature.The second is the right to manage, model developed by the British school during the 1980s (Nickell). In this model, the Union and the firm bargain payday rate according to a typical Nash bargaining Maximin (written as Ώ = U βΠ 1 - β, where U is the function of the usefulness of the labour union, Π for the benefit of the firm and β represents the bargaining power of labour unions). The third model is called efficient bargaining (McDonald and Solow, 1981), where the union and the firm bargaining on wages and employment (or, more realistic, working hours)
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