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Collective Bargaining

Collective Bargaining

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Collective Bargaining

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  1. Collective Bargaining

  2. American Federation of Teachers - Collective bargaining • Throughout this period, the union also struggled over the issue of militancy

  3. American Federation of Teachers - Collective bargaining • Nearly a decade later, the union held—and won—its first collective bargaining election in East St.Louis, Illinois, on December 10, 1956

  4. American Federation of Teachers - Collective bargaining • In 1967, the New York State Legislature passed the Taylor Law, which provided collective bargaining rights to public employees (but prohibiting them to strike). The AFT began rapidly organizing new members in New York state. Nearby states such as Rhode Island, Connecticut, Pennsylvania and New Jersey also saw large membership increases.

  5. American Association of University Professors - Collective Bargaining • In 2009 AAUP began its reorganization to formally separate the previously muddied relationship between its think tank, its lobbying in non-organized chapters (called Advocacy), and its support for Collective Bargaining Chapters

  6. American Association of University Professors - Collective Bargaining • Unlike the American Federation of Teachers and other more traditional labor unions, AAUP is not a servicing parent organization; all of its affiliates (at least those that are not affiliated with any other labor union) are independent organizations that completely provide for all their own services, such as staff, attorneys, consultants and organizers

  7. Minimum wage - Collective bargaining • Germany, Italy, Sweden and Denmark are examples of developed nations where there is no minimum wage that is required by legislation. Instead, minimum wage standards in different sectors are set by collective bargaining.

  8. National Labor Relations Act - Collective bargaining • Section 7 () sets out the general principle that employees have the right to join a trade union and engage in collective bargaining.

  9. National Labor Relations Act - Collective bargaining • Specific rules in support of collective bargaining are as follows.

  10. National Labor Relations Act - Collective bargaining • * There can be only one exclusive bargaining representative for a unit of employees.

  11. National Labor Relations Act - Collective bargaining • * Promotion of the practice and procedure of collective bargaining.

  12. National Labor Relations Act - Collective bargaining • * Employees are allowed to discuss wages.

  13. NHL Collective Bargaining Agreement • The 'NHL collective bargaining agreement' (CBA) is the basic contract between the National Hockey League (NHL) team owners and the NHL Players' Association (NHLPA), designed to be arrived at through the typical labour-management negotiations of collective bargaining

  14. NHL Collective Bargaining Agreement - 1994-1995 lockout • The collective bargaining agreement was initially to last for six seasons and be open to re-negotiation in 1998 in sports|1998, but was eventually extended to last until September 15, 2004 (one day after the World Cup of Hockey final in Toronto).

  15. NHL Collective Bargaining Agreement - 2004-2005 lockout • On the expiration date of the old agreement, the NHL Board of Governors, representing ownership, met and unanimously decided that the 2004–05 NHL season would be delayed until a new collective bargaining agreement was in place

  16. NHL Collective Bargaining Agreement - 2004-2005 lockout • On February 13, 2005, the U.S

  17. NHL Collective Bargaining Agreement - 2004-2005 lockout • Once the possibility of losing a second season to the dispute became real and the two sides realised that the dispute had alienated a large portion of the league's fan base, the league and the NHLPA resumed negotiations again in June 2005

  18. NHL Collective Bargaining Agreement - 2004-2005 lockout • The most important provision of the new collective bargaining agreement was an overall salary cap for all NHL teams, tied to league revenues. The agreement also phased in a reduced age for free agent|free agency, which would eventually give players unrestricted rights to negotiate with any team at age 27 or after 7 years of play in the NHL, whichever came first.

  19. NHL Collective Bargaining Agreement - 2004-2005 lockout • On September 4, 2010, the NHL and NHLPA ratified an agreement to alter how the salary cap hit of long-term contracts would be calculated

  20. NHL Collective Bargaining Agreement - 2004-2005 lockout • These changes came shortly after Ilya Kovalchuk's contract extension with the New Jersey Devils was voided, due to cap circumvention. Other long-term contracts, such as Marc Savard, Roberto Luongo and Marián Hossa|Marian Hossa, were grandfathered and their respective cap hits calculated under the old accounting system. However, any long-term contracts signed on September 5, 2010 would be subject to the new system.

  21. NHL Collective Bargaining Agreement - 2012-2013 lockout • The 2005–12 CBA expired on September 15, 2012. The 2011–12 NHL season was the final year of the then-current collective bargaining agreement, as the NHL Players' Association would no longer have the option to extend the current CBA. The players' association could not move the expiration date to June 30 in order to avoid a repeat of the lockout that cancelled the 2004–05 season.

  22. NHL Collective Bargaining Agreement - 2012-2013 lockout • Just after 5 AM on January 6, 2013, after approximately 16 continuous hours of negotiating, a tentative deal was reached on a new collective bargaining agreement to end the lockout. It was ratified by the league's Board of Governors on January 9, as well as by the NHLPA membership three days later on January 12. The deal was also officially signed that day.

  23. NHL Collective Bargaining Agreement - Present status • The current CBA is a 10-year deal, expiring after the 2021–22 NHL season|2021–22 season.

  24. Collective bargaining agreement • It is usually the result of a process of collective bargaining between an employer (or a number of employers) and a trade union representing workers.

  25. Collective bargaining agreement - United Kingdom • At English common law|common law, Ford v A.U.E.F

  26. Collective bargaining agreement - United Kingdom • The law is now contained in the Trade Union and Labour Relations (Consolidation) Act 1992 s.179, whereby In the United Kingdom, collective agreements are conclusively deemed to be not legally binding. This presumption may be rebutted when the agreement is in writing and contains an explicit provision asserting that it should be legally enforceable.

  27. Collective bargaining agreement - United Kingdom • Note that although the collective agreement itself is not enforceable, many of the terms negotiated will relate to pay, conditions, holidays, pensions and so on

  28. Collective bargaining agreement - United Kingdom • Also, there is a background fear by employees that, were their trade union sued for breach of a collective agreement, the union could become bankrupt, leaving employees without representation in collective bargaining

  29. Collective bargaining agreement - Germany • Collective agreements in Germany are legally binding, and this is accepted by the population, and it causes no alarm. Whereas in the UK there was (and arguably still is) a them and us attitude in industrial relations, the situation is very different in post-war Germany and in some other Northern European countries

  30. Collective bargaining agreement - United States • The United States recognises collective bargaining agreements.

  31. NBA Collective Bargaining Agreement • The collective bargaining agreement (CBA) of the National Basketball Association (NBA) is the contract between the NBA (the commissioner and the 30 team owners) and the National Basketball Players Association|NBA Players Association that dictates the rules of player contracts, trades, revenue distribution, the NBA Draft, and the salary cap, among other things

  32. NBA Collective Bargaining Agreement • Little changed in terms of the salary cap between the 1999 and 2005 versions of the CBA. In exchange for agreeing to the controversial player age minimum, the players received a slightly higher percentage of the League's revenues over the course of the new agreement. Additionally, the League's maximum salary decreased slightly in comparison to the 1999 CBA. Under the 2011 CBA, the players will receive a lower percentage of league revenues.

  33. NBA Collective Bargaining Agreement • In 2005 players received 57% of the income and as of the new CBA they are receiving about 49-50% of revenue. The next CBA discussion is set for ten years or if necessary in 2017.

  34. NBA Collective Bargaining Agreement - Roster size • A team may have a maximum of 13 players on its active roster

  35. NBA Collective Bargaining Agreement - Roster size • Prior to the 2005 CBA, injured players could be placed on an injured list but were forced to sit out a minimum of five games.

  36. NBA Collective Bargaining Agreement - Roster size • The NBA's latest CBA proposal reportedly includes an amnesty clause - a one-time opportunity for teams to remove their worst contracts from the books.

  37. NBA Collective Bargaining Agreement - Trades • Players can be traded between teams in exchange for other players, draft picks and/or a limited amount of cash. Coaches may only be traded for draft picks or cash. Trades are not allowed to be contingent on the completion of other trades.

  38. Collective bargaining • 'Collective bargaining' is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions

  39. Collective bargaining • The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).

  40. Collective bargaining - History • The term collective bargaining was first used in the middle of 1891 by economic theorist Beatrice Webb. However, collective negotiations and agreements had existed since the rise of trade unions during the 18th century.

  41. Collective bargaining - History • Collective bargaining is not simply an instrument for pursuing external ends ..

  42. Collective bargaining - International protection • Item 2(a) of the International Labor Organization|International Labour Organization's Declaration on Fundamental Principles and Rights at Work defines the freedom of association and the effective recognition of the right to collective bargaining as an essential right of workers.International Labour Organization (1998)

  43. Collective bargaining - International protection • The Freedom of Association and Protection of the Right to Organize Convention, 1948 (C087) and several other conventions specifically protect collective bargaining through the creation of international labour standards that discourages countries from violating worker's rights to associate and collectively bargain.

  44. Collective bargaining - International protection • In June 2007 the Supreme Court of Canada extensively reviewed the rationale for regarding collective bargaining as a human right. In the case of Facilities Subsector Bargaining Association v. British Columbia, the Court made the following observations:

  45. Collective bargaining - International protection • Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace

  46. Collective bargaining - Empirical findings • * Union members and other workers covered by collective agreements get, on average, a wage markup over their nonunionized (or uncovered) counterparts. Such a markup is typically 5 to 10 percent in industrial countries.

  47. Collective bargaining - Empirical findings • * Unions tend to equalize the income distribution, especially between skilled and unskilled workers.

  48. Collective bargaining - Empirical findings • * The deadweight loss|welfare loss associated with unions is small, and no more than 0.2 to 0.5 of GDP, which is similar to monopoly|monopolies in product markets.

  49. Collective bargaining - Continuous • 'Continuous bargaining' is a method of collective bargaining which retains a permanent, rolling negotiation between management and a permanent committee of union representatives.

  50. Collective bargaining - United States • This act makes it illegal for employers to discriminate, spy on, harass, or terminate the employment of workers because of their union membership or to retaliate against them for engaging in organizing campaigns or other concerted activities, to form company unions, or to refuse to engage in collective bargaining with the union that represents their employees