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Contracts

 

Definition

A formal contract between an employer and a union is defined as a collective bargaining agreement between the two parties that is enforceable under  NLRB (National Labor Relations Board) rules. In other words, it is an agreement between both parties (the employer and the union) defining obligations that each promises to carry out. These agreements are hammered out by the persons assigned to negotiate with generally limited by union members or management staff. Therefore, the VOICE in these type of negotiations are usually handed over to expert negotitor(s) who have little or no hands on work experience at the location or business they are supposed to represent (outside counsel, lawyers, consultants, etc.)

 

As defined by law, "Collective bargaining is potentially hazardous for employees and as a result of such negotiations employees could possibly wind up with less benefit after unionization than before.” (Source: Coach and Equipment Sales Corp. and United Brotherhood of Carpenters & Joiners of America 228 NLRB 441, 1977), and the process does not guarantee that employees will keep the same conditions of employment as they now have (tenure, schedules, benefits, hours, etc.) as explained in the Bendix vs. the NLRB case which stated: “The United States government and the NLRB do not guarantee employees that the collective bargaining process starts from ‘where you presently are in wages, insurance, pensions profit sharing and all other conditions of employment’ and ‘that there is only one way to go and that is up.’  Nor did the government guarantee, ‘that you will lose no benefits except those you wish to change.’”  (Source: Bendix Corporation vs. N.L.R.B, 400 F. 2d 141, 146 CA6, 1968)

 

Excerpts form CNA Contracts in California

 

 

 

 

 

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