Even if an employer is not required to negotiate a decision (for example. B a decision on the dismissal of workers), the employer is obliged to negotiate the effects or effects of the decision. For this reason, unions should ask the employer to negotiate both the decision and the impact or impact of the decision. Effects or effects may cover a number of issues such as the order of dismissals, severance pay, ongoing insurance coverage and the order of recalls. Some of these issues can already be addressed at the CBA. Employers have a duty to negotiate with the union wages, hours and other conditions of employment. Negotiation is mandatory for a collective agreement during collective bargaining and continues for the duration of an existing CBA. New negotiations may be initiated by the union or employer on wages, hours and other terms of employment („mandatory subjects“) that are not included in the CBA and were not expected by the parties when they entered the KBA. The NRL and the National Employment Boards have made decisions on the issues on which the employer must negotiate, which are called mandatory matters and on which the employer is not required to negotiate, so-called generous questions. A permissive subject is a subject that the employer does not have to negotiate, but can decide whether or if we can. In most cases, the NLRB argues that a change must have a significant impact on workers to trigger the bargaining rule.
For example, a five-minute delay may not be considered significant, but a one-hour change in departure times would be a role. Previously, the Commission had decided that the corresponding collective agreement should give the employer „clear and unequivocal“ authorization to unilaterally change a duration or condition of employment. Provena St. Joseph Medical Center, 350 NLRB 808 (2007). Under Provena Saint-Joseph, without „clear and unique“ authorization, employers were required to negotiate with the union before changing negotiated terms or terms of employment. A union can only agree to changes to the contract on behalf of workers covered by collective agreements if it has been expressly brought to the attention of the workers or agreed with them. If the KBA does not contain a provision dealing with the employer`s proposed amendment (z.B reduction in risk compensation), the employer must negotiate in good faith pending agreement or deadlock. If the employer proposes a change to a term contained in the KBA (for example. B wages), the employer generally cannot introduce its proposed change to KBA without the union`s agreement, even if the parties enter into a bargaining impasse.
A collective agreement is an agreement between an employer and a union. This allows an employer to agree with the union on terms of employment (and possibly other matters) regarding the workers covered by the agreement. However, a clause in a collective agreement is null and fin and a rule of a principality law is not applicable if it promotes or provides for a description prohibited by the Equality Act 2010. A person may file a complaint with an employment tribunal that a clause is null and forthholds or that a rule is unenforceable under these provisions, and if the court finds that the appeal is well founded, the court must issue an order declaring the clause not applicable or the rule unenforceable. Employers should review the language in their collective agreements or consult with legal advisors on a case-by-case basis to determine whether they are covered by the contract coverage standard and, therefore, have the flexibility to unilaterally revise or implement certain rules and policies.