In 1968, the National Football League Players Association (NFLPA) and the National Football League (NFL) signed their first collective agreement. The NFLPA was the first recognized players` union and went on strike in 1968 over wages and pensions. Question: How can companies safeguard the right to collective bargaining? In the case of an issue that has been the subject of negotiations between the employer and the employees or that is part of a collective agreement, it should be explicitly mentioned in the information. Consultation should not be seen as a substitute for collective bargaining. The Wagner Act of 1935, also known as the National Labour Relations Act (NLRA), created a framework for collective bargaining and guaranteed workers the right to organise. The law applied to all employers engaged in interstate trade, with the exception of agriculture, airlines, government and railways. And finally, and even rarer than with RD, there is a RM or a decertification of representation initiated by the management. The guidelines for the RM are the same as for the RD, except that it is the employer who directs the trip. While the RD and RM are means of decertifying unions, it should be noted that most collective agreements prohibit the use of either of the two choices to revoke certification during the term of the contract. Since then, there have been 6 subsequent agreements that have since increased wages in the first years and introduced health insurance in later years. For example, the 2006 agreement provided for the extension of post-career medical expenses after the expiry of players` insurance. Of the different methods available to resolve labour disputes and for a long-term agreement with employees, collective bargaining is the most important.
The collective bargaining process consists of three main phases, namely the identification phase, the negotiation phase and the contract management phase. When identifying the problem, both parties must decide whether the issue should be addressed immediately or postponed for a period of time. Factors influencing the problem identification phase are the selection and size of representatives, the negotiation period, the duration of the contract, etc. Collective bargaining is a process in which employers and employees consult in good faith and agree on working conditions and other related matters. The objective of the negotiations is to resolve issues at the discussion tables by mutual agreement and cooperation. Distribution negotiations are defined as a negotiation process in which one party benefits at the expense of the other. This is usually the redistribution of income in the form of higher wages, higher bonuses or higher financial benefits. Simply put; everything that has to do with money transfer. Inclusive negotiation is the goal of both parties to benefit from what are considered « win-win » negotiations. Both parties can draw up a list of claims with which an agreement will be reached that will benefit both parties.
Further discussions are likely to take place, and if management and the union do not reach an agreement, the dispute is usually presented to a national union official who will work with management to try to resolve the issue. An impartial third party is called in to help resolve a complaint. Any recommendation or decision is not binding. can be activated, acting as an impartial third party and trying to resolve the issue. A recommendation of the Mediator is not binding on any of the parties concerned. Mediators can work on both complaint processes and collective bargaining. For example, when the National Football League (NFL) and its players failed to reach a collective agreement, they agreed to use mediation. Associated Press, « NFL, Union Agree to Mediation, » February 17, 2011, accessed August 15, 2011 msn.foxsports.com/nfl/story/NFL-players-union-agree-to-mediation-federal-for-labor-talks-CBA-021711. In this case, the agreement to go to mediation was a positive sign after several months of unsuccessful negotiations. In the end, the mediation worked and nfl players started the 2011-12 season on time. In Washington State (as in most other states), a nonprofit organization is available to assist with mediation (complaints or collective bargaining) and arbitration.
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