Bargaining for Competitiveness: Law, Research, and Case by Richard N. Block (Editor)

By Richard N. Block (Editor)

This ebook deals an research of the connection between collective bargaining, enterprise competitiveness, and employment protection/creation within the usa. The individuals provide an outline of the systemic views of collective bargaining, then keep on with with 4 instructive case stories that offer insights into the method of collective bargaining and its present prestige within the evolving U.S. labor-management process.

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Rather, the focus is on the individual employer decision and whether or not the employer has the right to make that decision without negotiating with the union about it. Bargaining over competitiveness and employment protection/creation does occur, but not because the law encourages it—it occurs because both parties want it to, or because the employer believes that it cannot make a sufficiently strong case before the NLRB and the courts to avoid bargaining with the union. The Political Environment There is little government involvement in the bargaining process, which is indicated by the language quoted earlier from the insurance agents case.

The dispute with Greenpark was solely over the size of the fee that First National Maintenance would receive. In deciding that the employer had no obligation to bargain over the decision to withdraw from its Greenpark contract, the Court observed: In establishing what issues must be submitted to the process of bargaining, Congress had no expectation that the elected union representative would become an equal partner in the running of the business enterprise in which the union’s members are employed.

These decisions would also be the ones that would most likely directly affect competitiveness and employment protection/creation. Like Fibreboard, First National Maintenance was a case involving a narrow set of facts wrapped in broad language. In Fibreboard, the Court found that the employer’s decision to subcontract the work done by the unionized employees was based solely on labor costs, and found that the employer was obligated to bargain over the decision. On the other hand, in First National Maintenance, the Court found that the TLFeBOOK Competitiveness and Employment Protection and Creation 25 employer’s decision to terminate its maintenance and cleaning contract with the nursing home had nothing to do with labor costs; therefore, the employer was not obligated to bargain with the union over the decision.

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