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What Does The Word Collective Bargaining Agreement

A collective agreement is reached through negotiation. The Codetermination Act specifies that every trade union organization and every employer or employers` organization has the right to negotiate in all matters concerning the relationship between employer and employee. The aim may be to resolve unresolved issues between the parties through an agreement or to replace existing regulations with new ones. A right to negotiate for one party means for the other party an obligation to participate in the negotiations. However, there is no legal obligation to accept (for more information, see the section “Co-determination in the workplace”). Once the NLRB certifies a union as the exclusive negotiator, the union enjoys an irrefutable presumption of majority support for one year (Case River Dyeing & Finishing Corp. v. NLRB, 482 U.S. 27, 107 pp. Ct.

2225, 96 L. Ed. 2d 22 [1987]). During that year, the employer may not refuse to negotiate with the union on the ground that the union does not represent the majority of the employees. At the end of this year, the employer may rebut the presumption that the union represents the majority of workers by proving that the union does not actually enjoy a majority or that the employer has a good faith doubt based on sufficient objective evidence that the union has lost the majority (NLRB v. Curtin Matheson Scientific, 494 U.S. 775, 110 p. Ct.

1542, 108 L. Ed. 2d 801 ,1990). In cases where the employer doubts that a union has the support of the majority, it may “anticipate” the recognition of the union by insisting that a collective agreement end at the end of the certification year (Rock-Tenn Co.c. NLRB, 69 F.3d 803 [7th Cir. 1995]). The right to collective bargaining is recognized by international human rights conventions. Article 23 of the Universal Declaration of Human Rights makes it possible to organize trade unions as a fundamental human right. [5] Point 2(a) of the International Labour Organisation`s Declaration on Fundamental Principles and Rights at Work defines “freedom of association and the effective recognition of the right to collective bargaining” as an essential right of workers. [6] The 1948 Freedom of Association and Protection of the Right to Association Convention (C087) and several other conventions explicitly protect collective bargaining by creating international labour standards that prevent countries from violating workers` right to engage in associations and collective bargaining. [7] In Sweden, the coverage of collective agreements is very high, although there is no legal mechanism to extend agreements to entire sectors. In 2018, 83% of all private sector employees were covered by collective agreements, 100% of public sector employees and a total of 90% (across the labour market).

[10] This reflects the predominance of self-regulation (regulation by the labour market parties themselves) over state regulation in Swedish industrial relations. [11] The union may negotiate with a single employer (which usually represents the shareholders of a company) or, depending on the country, negotiate with a group of companies to reach a sectoral agreement […].

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