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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - collective bargaining
Definition of collective bargaining
Collective bargaining is a fundamental process in labor relations where employees, through their chosen representatives (typically a labor union), negotiate with their employer to determine the terms and conditions of their employment. The goal of this negotiation is to reach a formal, legally binding agreement, often called a collective bargaining agreement or contract, that outlines various aspects of the workplace. These aspects can include wages, working hours, benefits (like health insurance and retirement plans), workplace safety standards, grievance procedures for resolving disputes, and other policies affecting employees.
This process allows workers to advocate for their interests with a unified voice, providing a balance to the employer's authority and ensuring that employment conditions are established through mutual agreement rather than solely by management. Collective bargaining is protected and regulated by various federal and state laws, which establish guidelines for how these negotiations should be conducted, including requirements for both parties to bargain in good faith.
Example 1: Manufacturing Plant Workers
Imagine a large automobile manufacturing plant where the production line workers are members of a union. When their current employment contract is nearing its expiration, representatives from the union sit down with the company's management team. They negotiate a new agreement covering issues like hourly wages, overtime pay, health and dental benefits, the number of paid vacation days, and safety protocols on the factory floor. The union pushes for higher wages and improved benefits, while the company aims to manage costs and maintain productivity. This entire negotiation process, from initial proposals to final agreement, is an example of collective bargaining.
Example 2: Public School Teachers
Consider a school district where teachers are represented by a teachers' association, which acts as their union. Each year, the association's elected leaders engage in collective bargaining with the school board and district administration. Their discussions might focus on teacher salaries, class sizes, professional development opportunities, the school calendar, and procedures for evaluating teacher performance. Through these negotiations, they aim to secure a contract that ensures fair compensation for educators and optimal learning conditions for students, reflecting the collective interests of the teaching staff.
Example 3: Airline Pilots
Pilots working for a major airline are typically represented by a pilots' union. When their existing contract is up for renewal, the union's bargaining committee enters into negotiations with the airline's executives. Key discussion points might include pilot salaries based on experience and aircraft type, flight hour limits for safety, rest periods between flights, retirement plans, and the process for addressing pilot grievances. This collective bargaining ensures that pilots, who hold critical safety responsibilities, have their working conditions and compensation determined through a structured, mutual agreement process.
Simple Definition
Collective bargaining is a negotiation process between an employer and a union, representing its workers, to determine the terms and conditions of employment. This process aims to create a collective agreement covering aspects like wages, hours, and benefits, and is primarily governed by federal and state labor laws.