Friday, February 22, 2013

Collective Bargaining & Collective Agreement

Collective bargaining faces changes and challenges.


Collective bargaining is the process of negotiating an agreement, between a trade union and corporate management, over terms and conditions of employment. A collective bargaining agreement (or collective agreement) is the written, legal contract that results from the negotiations. In the United States, the system has evolved since the American Federation of Labor instituted collective bargaining in 1886.


Characteristics


Three features stand out in the U.S. collective bargaining system. First, its decentralized structure has traditionally limited government intervention. Second, a single union represents the interests of all member employees or the designated bargaining unit. Third, the scope of labor law is restricted to procedures, leaving the negotiating parties freedom to determine their areas of contention.


Evolution


Economic, political and social realities are transforming the structure, the legal framework, and the process of collective bargaining. A significant cause is the impact of global trade and foreign economic policies on local businesses. Another is a growing government role in industrial relations. The Department of Labor has initiated programs on occupational health and safety, workers' compensation and equal employment opportunity.


Challenges


As collective bargaining evolves, it poses greater challenges. There's a upsurge of "near-unions," miscellaneous groups organized to represent specific sectors or causes, such as female employees and racial minorities. According to the Department of Labor, near-union membership exceeds a combined 2 million.


Overtures to adapt collective bargaining to public and non-profit institutions bring distinct dynamics. This requires innovative protocol on issues such as jurisdiction and arbitration.