Nurses in Unions Negotiate From a Position of Strength Peer Reviewed Journal

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Collective Bargaining

Basically collective bargaining is when an employer and employees (or their representatives) sit down and negotiate about something pertaining to the workplace. It may be a negotiation over workplace conditions, salaries, time off, or other matters important to employees. Typically when there is a union present in a workplace the union leaders will negotiate with management to improve conditions or to settle other issues that come up, according to Cornell University Law School.

What are the legal components of collective bargaining?

Collective bargaining is governed by laws in states and at the federal level; the states have statutory laws, and there are federal and state administrative agency regulations and court decisions that govern how collective bargaining takes place. If there are overlapping regulations between states and the federal government, the U.S. Constitution (Article VI) points out that federal law "preempts" state law (www.law.cornell).

As to the legal components, the principal federal rule that governs collective bargaining is the National Labor Relations Act (NLRA). Enacted by the U.S. Congress in 1935 to back up workers' rights, it " ... explicitly grants employees the right to collectively bargain and join trade unions" (www.law.cornell).

The NLRA created the National Labor Relations Board, which hears problems and issues that result from organizations and businesses engaged in union activities or in collective bargaining. The National Labor Relations Board specifically prohibits employers from interfering with leaders that are appointed or elected by a union; and the National Labor Relations Board makes it mandatory for the employer " ...

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to bargain with the appointed representative of its employees" (www.law.cornell). The NLRB also sets the guidelines as to tactics each side may use during a labor stoppage; the NLRB usually recommends binding arbitration as a way to settle disputes between unions and management.

The manager's role in union organizing

The Society for Human Resource Management (SHRM) lists what managers can and cannot do; as regards what managers can do, among other things (there is not room in this paper for all they can and can't do), they can tell employees: a) that the company is against unionization; b) that workers do not have to sign union cards; c) that there are disadvantages to joining a union (dues, initiation fees); d) to vote against the union; e) that they may be required to picket other employees, even when they are not on strike (SHRM). However, managers cannot: a) tell workers that they will be given pay raises and other benefits if employees turn down the union; b) tell workers they will lose wages if a union comes in; c) discriminate against those who provide leadership for the union; d) visit employees in their homes to pressure them to turn down the union (SHRM).

While….....

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