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Mandatory Bargaining

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Read Case Study 6-2, "Classification of a Bargaining Subject," on page 285 in your textbook, and answer the questions provided. Please be sure to cite your sources and support your work with course concepts. Give your detailed answers and use course concepts to explain why you have provided your chosen answer. You will be graded on completeness of answers and support of answers through incorporation of course concepts.

Questions
1. What is a mandatory subject of bargaining?
2. Can a union waive its right to bargain over a mandatory subject of bargaining?
3. Would the established labor agreement apply to this case study?
4. Was management's refusal to bargain over the subject of surveillance camera usage in the workplace a violation of the duty to bargain in good faith under the Labor Management Relations Act (LMRA) as amended? If so, what should be the appropriate remedy?
5. Discuss the merits of the parties' respective positions in this case.

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Solution Summary

The response provides you a structured explanation of classification of bargaining . It also gives you the relevant references.

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1. A mandatory subject of bargaining is one which directly relates to the NLRA stipulation. A refusal to bargain regarding a mandatory bargaining subject is a violation of the NLRA. Some of the mandatory bargaining subjects include wages, hours, merit increases, bonuses, pensions, profit-sharing, health and welfare plans, discharges, grievance procedures, disciplinary procedures, drug testing, seniority, promotions, transfers, health and safety, work assignments and plant closings. Some terms and conditions of employment that must be negotiated between management and unions are called mandatory subjects of bargaining. The law requires an employer not to make a change in mandatory bargaining subject without providing the union prior notice and an opportunity to bargain over the desired change.

2. A union can waive its right to bargain over a mandatory subject of bargaining if it enters into an agreement with the ...

Solution provided by:
Hatim Baxamusa, MBA
Education
  • BSc , University of Calcutta
  • MBA, Eastern Institute for Integrated Learning in Management
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