Collectively Bargained Agreement

The most important collective bargaining law is the National Labor Relations Act (NLRA). It is also called the Wagner Law. It expressly grants employees the right to negotiate collective agreements and to join trade unions. The NLRA was originally passed in 1935 by Congress as part of its power to regulate intergovernmental trade pursuant to the trade clause in Article I, Section 8, of the U.S. Constitution. It applies to most private non-agricultural workers and employers who work on one aspect of intergovernmental trade. The decisions and regulations of the National Labor Relations Board (NLRB), established by the NLRA, significantly complement and define the provisions of the Act. In Finland, collective agreements are universal. This means that a collective agreement in a sector of activity becomes a universal legal minimum for everyone`s employment contract, whether unionized or not. For this condition to apply, half of the workers in this sector must be unionized and therefore support the agreement.

The right to collective bargaining is recognized by international human rights conventions. Article 23 of the Universal Declaration of Human Rights makes the ability to organize trade unions a fundamental human right. [5] Point 2(a) of the International Labour Organisation`s Declaration on Fundamental Principles and Rights at Work defines “freedom of association and the effective recognition of the right to collective bargaining” as an essential right of workers. [6] The Freedom of Association and Protection of the Right to Organise Convention, 1948 (C087) and several other conventions explicitly protect collective bargaining through the creation of international labour standards that prevent countries from violating workers` right to collective and trade union bargaining. [7] Although the collective agreement itself is not applicable, many of the negotiated conditions relate to wages, conditions, leave, pensions, etc. These conditions are included in an employee`s employment contract (whether or not the worker is a member of the union); and the employment contract is of course applicable. If the new conditions are not acceptable to individuals, they may contradict their employer; but if the majority of workers have agreed, the company will be able to dismiss the plaintiffs, normally with impunity. In the United States, the National Labor Relations Act (1935) covers most collective agreements in the private sector. This law prohibits employers from discriminating, spying, harassing or terminating workers because of their union membership or retaliating against them because they participate in campaigns or other “concerted activities”, form company unions or refuse to negotiate collective agreements with the union that represents their employees. . .

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