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Collective Bargaining Agreements - Key Provisions

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					Also known as a Bargaining Agreement, Union Contract, or Employer-Union
Contract, A Collective Bargaining Agreement is an explicit employment
contract negotiated by a labor union and employers who employ the union
members. Collective bargaining agreements are typically renegotiated
periodically.Collective bargaining is the process whereby workers
organize collectively and bargain with employers regarding the workplace.
In various national labor and employment law contexts collective
bargaining takes on a more specific legal meaning. In a broad sense,
however, it is the coming together of workers to negotiate their
employment. Collective bargaining consists of the process of negotiation
between representatives of a union and employers (represented by
management, in some countries by employers' organization) in respect of
the terms and conditions of employment of employees, such as wages, hours
of work, working conditions and grievance-procedures, and about the
rights and responsibilities of trade unions. The parties often refer to
the result of the negotiation as a Collective Bargaining Agreement (CBA)
or as a Collective Employment Agreement (CEA).A typical Collective
Bargaining Agreement ("CBA") will contain a preamble that acknowledges
the existence of the union as the exclusive bargaining agent for the
employees, the date of the agreement, and any employees that are excluded
from the bargaining unit. The following provisions are also usually
included:1. Management Rights. The rights of management should be spelled
out here, rights which have been negotiated and agreed upon. Typically,
management will want to reserve the right to direct the work of its
employees; hire, promote, demote, transfer, assign and retain employees;
suspend, discipline, or discharge employees from proper cause; maintain
the efficiency of governmental operations; relieve employees from duties
because of lack of work or for other legitimate reasons; and take such
actions as may be necessary to carry out the mission of the company. The
employer may also want to reserve the right to take all other actions
"permitted by law" to the extent they are not prohibited in the
agreement.2. Grievance Procedure. This section should lay the groundwork
for the grievance procedure. It should first define what a grievance is;
typically, a complaint that the employer has violated one or more of the
terms of the CBA. The section should then describe in detail the
grievance procedure: what a grievance shall contain, which sections of
the agreement were allegedly violated, the "statute of limitations" on
any grievance, and the steps that will be taken once a valid grievance
has been filed. Each CBA is different, but the negotiations between
management and the union will usually lead to the creation of a grievance
board, a procedure for appeal, which may include a binding arbitration
provision, and a promise that the employee will be allowed union
representation during the grievance process.

				
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