Collective Bargaining

Collective Bargaining

Collective bargaining is a process that involves "the negotiation, drafting, administration, and interpretation of a written agreement between an employer and a union for a specific period of time," (Byars & Rue, 2004, p. 374). The purpose of this paper is to describe the major provisions of the Taft-Hartley Act, the role of the National Labor Relations Board, the effect of right to work laws on union membership, and the role that Human Resources play in collective bargaining initiatives. In addition, this paper will also evaluate conditions presented in the product and services markets that lead to collective bargaining.

The major provisions of the Taft-Hartley Act

The Taft-Hartley Act permits states to pass legislation that guarantees the right to work regardless of union membership. Other major provisions in the act were the free-speech clause, which states that management has the right to express its opinion about unions. The act prohibited secondary boycotts, and the "right-to-work" law, which prohibits various types of union security arrangements including compulsory union memberships, (Byars & Rue, 2004, p. 365).

The role of the National Labor Relations Board

The role of the National Labor Relations Board (NLRB) serves as an impartial third party to oversee votes on whether to unionize by employees. The majority of what the NLRB does is to evaluate whether charges should be pursued for unfair labor practices. "In unfair labor practice cases, the board sits as the judge and general counsel acts as the prosecutor. Anyone can file an unfair labor practice complaint with the general counsel," (Byars & Rue, 2004, p. 365).

The effect of right to work laws on union membership

In states that have a right-to-work law, the union is forbidden to require employees belong to the union or pay union dues. The effect of right to work laws on union membership is that "unions argue that employees who choose not to belong or pay union dues get a free ride," (Byars & Rue, 2004, p. 366).

The role that Human Resources play in collective bargaining initiatives

The role that HR plays in collective bargaining initiatives is that they administer the collective agreements along with compliance with all employment laws and regulations. On behalf of the employer, HR is to participate in collective bargaining with the labor unions in good faith, and to administrate union contract in day-to-day operation according to the terms and conditions of the written agreement. Collective bargaining involves discussion and negotiation between the two groups regarding the terms and conditions of the employment. Therefore, collective bargaining is the one of the significant mean to resolve the differences between the members and deciding better working conditions for them, (Byars & Rue, 2004).

The conditions in product and service markets that lead to collective bargaining

The reason employees join unions is of the failure of the company to address their concerns in the workplace. The purpose of collective bargaining is the uniting of management and employee to provide representation for "the joint understandings of the parties as to wages, hours, and other terms and conditions of employment," (Byars & Rue, 2004, p. 374). The conditions in product and service markets that lead to collective bargaining include gain sharing, which is the sharing of the positive economic gains, product and market expansion, as well as competitive wages. Products and services tend to become more in demand when employees contribute to the success of the organization. For this to happen, employees want to be compensated fairly from the company's success. When there is a high demand for products and services, price increases usually follow. With collective bargaining, oftentimes, these increases