Management Rights. Generally based on property rights principles Owner/s has/have right to determine how property is used Management represents the owner(s) Rights of a common law employer In private sector, informed by Sec. 8(d) of NLRA
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A union may waive or bargain away the economic rights of employees under the NLRA, including the right to bargain over a term or condition of employment.
We will not infer from a general contractual provision that the parties intended to waive a statutorily protected right unless the undertaking is explicitly stated. More succinctly, the waiver must be clear and unmistakable.
Metropolitan Edison Corp. v. NLRB, 460 U.S., 693, 705-06, 1983.
"discussion before contracting out,“ i.e., “The company shallinform the union of any construction or repair work, or bargaining unit work, to be contracted out prior to the writing of the contract, and discuss it with the union”
The Company will make every reasonable effort to use its available working force and equipment in order to avoid having its work performed by outside contractors" or "The Company will use its own employees whenever possible.“
"There shall be no regular work performed by any employee not covered by the contract except in emergencies or when work must be performed for which regular employees are not qualified.“
Job Protection Limitation
prohibition against contracting out unit work when the firm's employees are on layoff or when the layoff or demotion of unit employees would result