1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Collective bargaining can be defined as the process of involving representatives from both employers and employees to come to terms and conditions of employment that both parties agree. These agreements are written into legally binding contacts good for one to five years. (Budd, 2009, p. 229) Four issues that are mandatory components of collective bargaining agreement are compensation, personnel policies, employer rights and responsibilities. Compensation would include wages, benefits, vacations, holidays, and profit sharing. Personnel policies refer to layoffs, promotions, and transfer policies. Employer’s rights and responsibilities include but not limited to seniority rights, job standards, management right, just cause, safety standards, and discipline and discharge, (Budd, 2009, p. 13) Employer rights and responsibilities is a component of collective bargaining is illustrated in an article by Aaron Kuriloff. According to this article the NFL position is that the; NFL Players Association isn't bargaining in good faith, using delays to run out the clock on talks before disbanding the union and suing the league under antitrust law for colluding to restrict pay (Kuriloff, 2011 ) The National Football League has asked the National Labor Relations Board (NLRB) for clarifications in using antitrust laws to block a lockout and clarifying if the National Football League Players Association is a certified labor union. The National Football League position is that the National Football League Players Association is using delaying tactics and they are threatening a work stoppage. The next a component of collective bargaining I found in an article by Howard Beck of the New York Times deals with compensation. The National Basketball Association is also facing a collective bargaining agreement (CBA) Mr. Becks states, that the Owners are proposing a fundamental overhaul of the N.B.A.'s economic system, including a hard salary cap, shorter contracts and a 38 percent reduction in player salaries (about $800 million (Beck, 2011) The owners want to reduce salaries because 17 out of the 30 franchise teams are losing money at a sum of $300 million a year. While the National Basketball Player's Association disputes the league's figures; because Attendance is up, the league is on pace for its highest viewership of all other professional sports. To conclude these collective bargaining agreements of both the NFL and the NBA can be categorized as being distributive bargaining. Both parties are going either win or lose some concessions to remain a viable and profitable organization.
2. List and discuss three U.S. laws that support collective bargaining, and three examples of employer unfair labor practices. The three laws that support collective bargaining between employers and labor unions are the National Labor Relations Act (NLRA) of 1935, the Labor-Management Relations Act of 1947, and Labor-Management Reporting and Disclosure Act of 1959. The National Labor Relations Act (NLRA) of 1935, which is also known as the Wagner Act, made it legal to form unions and engage in collective bargaining. The Wagner Act created a labor environment to equalize the bargaining power between the employer and employees as stated by this text the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining (National Labor Relations Board) The main purpose of the Wagner Act was to encourage collective bargaining in the private sector by protecting workers' rights to join and form labor unions (Budd, 2009 , p. 119) Furthermore, this act also gave more expansive powers to the federal government with the...
Cited: Budd, J. W. ( 2009 ). Labor Relations: Striking a Balance. New York: McGraw-Hill.
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