When an employer refuses to engage in collective bargaining, it means they are unwilling to discuss work-related matters with a union. This typically occurs when the employer and the union cannot reach an agreement on topics such as wages, working hours, and benefits. It is crucial for employers and unions to collaborate in order to ensure fair treatment and favorable working conditions for employees.
Failure to engage in collective bargaining occurs when an employer declines to address labor matters with a union. For instance, if a union representing factory workers requests a meeting with management to discuss wages and working conditions, but management refuses to participate in any negotiations or conversations, this would be considered a failure to bargain collectively. This practice is against the law according to labor regulations, and employers who partake in such behaviour may face legal consequences and penalties. Collective bargaining is a crucial component of labor relations as it enables workers to advocate for improved wages, benefits, and working conditions. Failing to engage in collective bargaining undermines the rights of workers and can result in labor disputes and strikes.
Failure to bargain collectively refers to the refusal or failure of an employer or a labor union to engage in good faith negotiations to reach a collective bargaining agreement.
A collective bargaining agreement is a legally binding contract between an employer and a labor union that outlines the terms and conditions of employment for the unionized employees.
No, under the National Labor Relations Act (NLRA) in the United States, employers are required to bargain in good faith with the labor union representing their employees.
No, labor unions are also obligated to bargain in good faith with the employer. Both parties must make reasonable efforts to reach an agreement.
If an employer fails to bargain collectively, the labor union may file an unfair labor practice charge with the National Labor Relations Board (NLRB). The NLRB can investigate the charge and take appropriate action.
If the NLRB finds that an employer has failed to bargain collectively, it can order the employer to engage in good faith negotiations and may impose other remedies, such as requiring the employer to pay back wages or reinstate employees who were unlawfully terminated.
Yes, if an employer’s failure to bargain collectively results in financial harm to the employees or the labor union, they may be able to file a lawsuit seeking damages.
Yes, if a labor union fails to bargain collectively in good faith, it may be subject to legal action by the employer or its members seeking damages.
There are certain exceptions to the duty to bargain collectively, such as when the employer is engaged in a lockout or when the labor union has lost its majority status as the employees’ representative.
Yes, if negotiations break down and the parties cannot reach an agreement, it may result in a strike by the employees or a lockout by the employer as a means to exert pressure and force the other party to negotiate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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