Apr 2022

When the Ownership of a Company Has Changed the Collective Bargaining Agreement

UNILATERAL MEASURES OR CHANGES – An action by an employer that influences, modifies or modifies a subject of mandatory bargaining without negotiating with the union. Section 1. [§151.] The denial of workers` right to organize by some employers and the refusal of some employers to accept the collective bargaining procedure lead to strikes and other forms of industrial action or disturbance that have the intention or necessary effect of increasing or hindering trade by: (a) affecting the effectiveness, security or functioning of commercial instruments; (b) occur in the course of day-to-day business operations; (c) influence, restrict or substantially control the flow of raw materials or manufactured or processed goods to or from the channels of commerce or the prices of such materials or goods in trade; or (d) lead to a reduction in employment and wages to such an extent that the market for goods leaving or entering the channels of commerce is significantly affected or disrupted. CONTRACT – An employment contract negotiated between the employer and the trade union or association of workers for a fixed period covering the wages, hours and other conditions of employment of the workers covered by the contract. CONTRACTUAL REFERENCE – The period during the term of a collective agreement during which the incumbent union is protected against an action of takeover by an external union in order to proclaim an election in order to obtain exclusive representation of the workers represented by the union in place. 2. The term “strike” includes any strike or other concerted stoppage of work by workers (including a stoppage of work due to the expiry of a collective agreement) and any concerted slowdown or other concerted interruption of activities by employees. SENIORITY – The seniority of an employee with the employer. Seniority often determines the order of dismissal, promotions, recalls or transfers. Various forms of seniority can be negotiated, including: institution-wide seniority; the age of the tariff unit; and the age of the classification.

“It is unlikely that the new company will be able to change the union status of workers without having a grace period. However, if the new employer is not subject to the national employment relations law, the situation may be different. 2. No election under this subdivision may be held in a bargaining unit or subdivision in which a valid election must have been held during the preceding twelve-month period. Key U.S. trade deals should “contribute to democratic global economic governance and promote good jobs, full employment and rising wages,” Hawa said. “A key element, of course, is strong protection of workers` rights, so that every worker in any country can exercise their basic human rights in the workplace without fear.” ABOOD v. DETROIT BOARD OF EDUCATION – The legal case in which the U.S.

Supreme Court ruled unanimously (9-0) on May 23, 1977, that agency-workshop (or union-workshop) clauses in the collective agreements of public sector unions cannot be used to force non-unionized workers to fund the political or ideological activities of the union they oppose. However, the Court ruled by a majority of 6 to 3 that non-unionized workers in the public sector may be required to fund union activities related to “collective bargaining, contract management and grievance adjustment.” This case was overturned by the Supreme Court`s June 2018 decision in Janus v. AFSCME. TEN-DAY DISMISSAL – Unions representing health care workers must submit ten days` written notice to the employer and the FMCS before a picket or strike takes place in the facility. This requirement is the result of Congress` amendment to the NLRA in 1974 by adding a new Article 8(g). “A work organization before participating in a strike, picket line or other concerted refusal to work in a health institution must notify the establishment in writing at least ten days before such action. of this intention. . . .

The notification shall indicate the date and time at which such a measure is initiated. The notification, once given, may be extended by written agreement of both parties. The term “health facility” for the purposes of this section of the Act is defined as “any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, long-term care facility or other facility dedicated to the care of sick, frail or elderly persons.” APPRENTICE WORKER – A worker who spends a particular amount of time learning a job or profession to prepare for admission to full-fledged artisan status. This training includes on-the-job training and often accompanying studies (classroom work and reading). The training also allows practitioners to obtain a license to practice a regulated profession. Most of their training takes place while they are working for an employer that helps trainees learn their trade or profession, in exchange for their continuous work for an agreed period of time after they have acquired measurable skills. The training usually lasts from 3 to 6 years. Those who successfully complete an apprenticeship reach the “journeyman” skill level or professional certification. Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of workers and employers, promote collective bargaining, and restrict certain private sector labor and management practices that can harm the overall well-being of workers, businesses, and the U.S.

economy. CLOSED WORKSHOP – An agreement between an employer and a union that requires all workers to be members of the union as a condition of employment before being hired. The employer undertakes to retain only employees who belong to a trade union. The term “closed workshop” is sometimes confused with a “union workshop”. However, closed-door agreements were made illegal by the Taft-Hartley Act in 1947. REPLACEMENT – Workers hired to replace striking employees. In the case of economic strikers, strikers retain their status as employees during the strike; However, the company can hire permanent replacements and legally refuse to reinstate permanently replaced strikers. In this situation, when there is a permanent replacement, the economic strikers are usually entitled to reinstatement when the replacements leave.

In the case of unfair labour practices strikes, strikers must be reinstated, with a few exceptions. VOLUNTARY SUBJECT TO NEGOTIATIONS (or permissive subject of collective bargaining) Subjects of bargaining other than those considered compulsory (see compulsory subject of collective bargaining). Either party may propose a discussion on such an issue, and the other party may voluntarily negotiate on the matter. Neither party can insist on the inclusion of a voluntary object in a contract until the impasse. For example, the employer cannot legally insist on negotiating the method of selecting stewards or the method of striking vote. Common features of work centres include: hybrid organisation, provision of necessary services and advocacy; have a broad agenda, approach the world from a global perspective, build democracy, form coalitions and have small and committed members. Although the vision of most workers` centers is systemic change, they meet and negotiate with individual employers to improve workers` conditions. These meetings often take place even when only a few employees are involved in a workplace. According to Article 7 of the NLRA, workers have “the right to self-organize, to form, join or support labor organizations, to bargain collectively by representatives of their choice, and to other concerted activities for the purpose of collective bargaining or other mutual assistance or protection.” Mutual legal assistance or mutual protection has been interpreted broadly and includes all measures (with the exception of criminal acts) that workers take in response to changes in the workplace that relate to conditions of employment, not just those covered by labour law.

This means that even a few employees who are members of a workers` federation have the right to challenge their employers in terms of working conditions and therefore not to be dismissed. This coverage gives worker centers great flexibility to handle everything from stolen and hourly wages to conditions such as high temperatures in warehouses or widespread sexual harassment in a workplace. Many companies are stuck in the trail of “tribal attitudes” – they do the same thing their bosses did as previous bosses. This is complicated by the often urgent need to hire someone. No wonder studies show that only about 45% of new employees stay in the company and become productive. (g) [notification of intention to strike or strike in a health institution] A work organization before participating in a picket, picket or other concerted refusal to work in a health institution shall inform the institution in writing of that intention at least ten days before such action, except that, in the case of negotiation of a first agreement after certification or recognition of the termination prescribed in this paragraph may take place only after the expiry of the period referred to in clause (B) of the last sentence of Article 8 (d) of this Law [paragraph (d) of this Article]. .

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