4/29/2023 0 Comments Collective bargaining definitionHowever, subcontracting that merely substitutes one group of workers for another to do the same work under similar conditions of employment is not a non-bargainable "scope and direction" change.) (Whether a proposed change is a non-bargainable "scope and direction" change or a mandatory subject of bargaining may present a difficult legal question. Refuse to bargain over the effects of a change in the scope and direction of your enterprise, even though you need not bargain over the change itself because it concerns a matter at the core of your entrepreneurial control of your business.(Do not assume that a change you deem minor would be so viewed by the Board.) Make unilateral changes in terms and conditions of employment during the term of a collective-bargaining agreement, unless the union has clearly and unmistakably waived its right to bargain or the change is too minor to require bargaining.Modify any term of a collective-bargaining agreement without the union's consent. Refuse to sign a writing that incorporates a collective-bargaining agreement you have reached with the union.Refuse to furnish information the union requests that is relevant to the bargaining process or to the employees' terms or conditions of employment.Engage in bad-faith, surface, or piecemeal bargaining.Fail to bargain in good faith concerning mandatory subjects of bargaining.Fail to meet with the union at reasonable times and reasonable intervals.Make changes in wages, hours, working conditions, or other mandatory subjects of bargaining before negotiating with the union to agreement or overall impasse, unless (1) the union prevents the parties from reaching agreement or impasse (2) economic exigencies compel prompt action or (3) the proposed change concerns a discrete, recurring event scheduled to recur in the midst of bargaining (such as an annual merit-wage review), and you give the union notice and opportunity to bargain over that matter.(An employer that violates Section 8(a)(5) also derivatively violates Section 8(a)(1).) For example, you may not Section 8(a)(5) of the Act makes it an unfair labor practice for an employer "to refuse to bargain collectively with the representatives of its employees, subject to the provisions of Section 9(a)" of the Act. Section 8(d) of the Act sets forth what is encompassed within the duty to bargain collectively. These examples barely scratch the surface. This duty encompasses many obligations, including a duty not to make certain changes without bargaining with the union and not to bypass the union and deal directly with employees it represents. Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached.
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