COLLECTIVE BARGAINING AGREEMENT
Collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry wide agreement. A collective agreement functions as a labor contract between an employer and one or moreunions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries such as Austria, Sweden and the Netherlands by an employers' organization) in respect of the terms and conditions of employment ofemployees, such as wages, hours of work, working conditions, grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA). History
The term "collective bargaining" was first used in the middle of 1891 by economic theorist Beatrice Webb. However, collective negotiations and agreements had existed since the rise of trade unions during the 18th century. The term collective bargaining itself was coined by a British labor historian named Mrs. Sidney Webb in 1891 (Hoffer). The National Railway Act and soon after the National Labor Relations Act made it illegal for any employer to deny union rights to an employee. Another step in this direction came in 1962 when president John F Kennedy issued an executive order granting Federal employees the right to unionize and collective bargain. Collective bargaining has even been recognized internationally as a basic human right and in 2007 the Canadian Supreme Court ruled that "The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work. ... Collective bargaining is not simply an instrument for pursuing external ends ... rather [it] is intrinsically valuable as an experience in self-government" (Hoffer). Even the Catholic church has asserted that it is imperative to protect workers rights including collective bargaining. It is widely recognized that throughout history unionized employees, both public and private, enjoy a living wage and benefits that they deserve while not having to worry about unjust treatment, unfair labor practices, or termination without cause Internal Protection
The right to collectively bargain is recognized through international human rights conventions. Article 23 of the Universal Declaration of Human Rights identifies the ability to organize trade unions as a fundamental human right. Item 2(a) of the International Labour Organization's Declaration on Fundamental Principles and Rights at Work defines the "freedom of association and the effective recognition of the right to collective bargaining" as an essential right of workers. In June 2007 the Supreme Court of Canada extensively reviewed the rationale for regarding collective bargaining as a human right. In the case of Facilities Subsector Bargaining Association v. British Columbia, the Court made the following observations: The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and...
Please join StudyMode to read the full document