Congress passed the National Labor Relations Act (NLRA) in 1935 (29 U.S.C.A. No. 151 and following) to establish the right of workers to collective bargaining and other group activities. The NLRA also created the National Labor Relations Board (NLRB), a federal authority empowered to enforce the right to collective bargaining (No. 153). The NLRA has been amended several times since 1935, including 1947, 1959 and 1974. Once the NRL has certified a union as an exclusive bargaining partner, the union has an irrefutable presumption of one-year majority support (River Dyeing – Finishing Corp. v. NLRB, 482 U.S. 27, 107 S.
2225, 96 L. Ed. 2d 22 ). This year, the employer must not refuse to negotiate with the union because the union does not represent a majority of workers. At the end of this year, the employer may refute the presumption that the union represents the majority of workers, by showing either that the union does not have majority support, or that the employer doubts in good faith that the union has lost the majority (NLRB/Curtin Matheson Scientific, 494 U.S. 775, 110 S. Ct. 1542 , 108 L Ed. 2d 801 ). In cases where the employer doubts that a union is a majority, the employer may « proactively withdraw » the union`s recognition by insisting on a collective agreement that ends at the end of the certification year (Rock-Tenn Co.
v. NLRB, 69 F.3d 803 [7. Cir. A collective agreement, collective agreement (TC) or collective agreement (CBA) is a written collective agreement negotiated by collective bargaining for workers by one or more unions with the management of a company (or with an employer organization) that regulates the commercial conditions of workers in the workplace. These include regulating workers` wages, benefits and obligations, as well as the obligations and responsibilities of the employer, and often includes rules for a dispute resolution process. In June 2007, the Supreme Court of Canada examined in detail the reasons for respecting collective bargaining as a human right. In the case of the Facilities Subsector Bargaining Association in British Columbia, the Court commented: Mandatory bargaining issues Although the parties are not obligated to deal with any issue, they must negotiate in good faith mandatory bargaining issues, including wages, working time and other « conditions of employment » (29 U.S.C.A. As these mandatory issues are very broad, the courts have tried over the years to establish standards to determine whether a particular topic of negotiation is mandatory. In general, the terms of employment cover only issues that « govern one aspect of the relationship between the employer and the workers » (Allied Chemical – Alkali Workers of America v. Pittsburgh Plate Glass Co., 404 U.S. 157, 92 p.
Ct. 383, 30 L. Ed. 2d 341 ). Sections 8(a) (5) and 8 (b) (3) of the LNRA define the absence of collective bargaining as an unfair labour practice (29 U.S.C.A. 158, [b]). The aggrieved party may submit a fee for unfair labour practices to the NNRB, which has the power to prevent or stop the practice of unfair labour practices. One area of the ongoing conflict between unions and employers is that wage increases are mandatory bargaining partners. In Acme Die Casting v. NLRB, 26 F.3d 162 (D.C.
Cir. 1994), the Court of Appeal analyzed the employer`s historical practice of determining the frequency and size of wage increases and found that the issue of granting a wage increase is not left to the employer`s discretion and cannot be decided without negotiation with the union. Since 2003, the U.S. Supreme Court has failed to resolve whether wage increases are mandatory collective bargaining issues, so federal appels courts have developed their own rules to address this issue. If an employer does not exercise discretion to determine the date or amount of the wage increase, the issue of wage increases is a matter of collective bargaining.