The United States recognizes collective agreements [9] [10] [11] Arbitration is a method of dispute resolution used as an alternative to litigation. As a general rule, collective agreements between employers and workers designate it as a means of settling disputes. The parties select a neutral third party (an arbitrator) to hold a formal or informal hearing on the disagreement. The arbitrator then adopts a decision binding on the parties. Federal and state laws govern the practice of arbitration. While the Federal Arbitration Act is not applicable to employment contracts on its own terms, federal courts are increasingly applying the law in labor disputes. 18 states have adopted the Uniform Arbitration Act (2000) as national law. Therefore, the arbitration agreement and the arbitrator`s decision may be enforceable under national and federal law. In the Common Law, Ford v A.U.E.F. [1969],[8] the courts once ruled that collective agreements were not binding. Second, the Industrial Relations Act of 1971, introduced by Robert Carr (Minister of Labour in Edward Heath`s cabinet), provided that collective agreements were binding, unless a written contractual clause explained otherwise. After the death of the Heath government, the law was rescinded to reflect the tradition of the UK`s labour relations policy of legally refraining from workplace disputes.
The NLRA establishes procedures for the selection of a workers` organization representing a unit of workers in collective bargaining. Employers are prohibited by law from interfering in this selection. The NLRA requires the employer to negotiate with the designated representative of its employees. One of the two parties should not accept a proposal or make concessions, but should establish procedural guidelines for negotiations in good faith. Proposals that would be contrary to the NRA or other laws should not be subject to collective bargaining. The NLRA also sets rules on tactics (e.g. B strikes, lockouts, pickets) that each party may use to promote its bargaining objectives. British law reflects the historical contradictory nature of British industrial relations.
In addition, workers are concerned that if their union is prosecuted for violating a collective agreement, the union could go bankrupt, allowing workers to remain in collective bargaining without representation. This unfortunate situation could change slowly, partly under the influence of the EU. Japanese and Chinese companies that have British factories (especially in the automotive industry) are trying to pass on the company`s ethics to their workers. [Clarification needed] This approach has been adopted by local UK companies such as Tesco. National legislation continues to regulate collective bargaining and make collective agreements enforceable under national law. They can also provide guidance to employers and workers who are not covered by the NLRA, for example. B agricultural workers. In Sweden, around 90% of employees are covered by collective agreements and 83% in the private sector (2017).
[5] [6] Collective agreements generally contain minimum wage provisions. Sweden has no legislation on minimum wages or laws to extend collective agreements to disorganized employers. Unorganized employers can sign replacement agreements directly with unions, but many are not. The Swedish model of self-regulation applies only to companies and workers covered by collective agreements. [7] It is important to note that after the conclusion of a KNA, both the employer and the union are required to comply with this agreement. Therefore, an employer should hire a lawyer before participating in the collective bargaining process. In Finland, collective agreements are universal. This means that a collective agreement in a sector of activity becomes a universal legal minimum for everyone`s employment contract, whether unionized or not. For this condition to apply, half of the workers in this sector must be unionized and therefore support the agreement. .
