Tag archives: collective bargaining

Enforcement and bargaining power of trade unions

Trade unions should shape working life in a meaningful way through collective agreements ensuring good working relations. In order to be eligible for collective bargaining, they must have a minimum bargaining unit vis-à-vis the workplace, says the German Federal Constitutional Court.

In Germany, the labour courts decide whether associations are eligible for collective bargaining and can therefore be parties to a collective agreement. Not only companies where the workforce is seeking the collective bargaining, but also competing associations may question the classification of an association as a trade union and seek to have their bargaining capacity denied. In the present … Continue Reading

You are not the boss of me…or ARE you?

On August 27, 2015 the National Labor Relations Board (NLRB), in a high-impact, 3-2 decision along party lines, handed labor unions a significant advantage in their enforcement of collective bargaining laws by significantly modifying its longstanding “joint employer” standard. The ruling will surely leave countless businesses potentially liable for violations of labor laws committed by their subcontractors and franchisees.

The NLRB’s decision in Browning-Ferris Industries of California, Inc. explored the question of whether Browning-Ferris Industries (BFI) was a “joint employer” with Leadpoint, a staffing services company, in a union representation election covering Leadpoint’s employees who were placed with BFI on … Continue Reading

Obligations of the employers in Colombia regarding collective consultation on redundancy

In Colombia, companies are not obliged to request authorization from the unions to carry out downsizing processes.

However, it is advisable to review if the collective bargaining agreements entered into with the unions include any obligation in this regard.

According to Colombian labor law, redundancy, economic reasons and the fact that a role is no longer required by the employer will be construed as unilateral terminations without cause giving rise to the payment of a legal indemnity according to rules that depend on the type of labor contract and the length of service.

However, Article 67 of Law 50 of … Continue Reading

Bargaining in Bad Faith Finding Upheld by Supreme Court of Canada

A very recent Supreme Court of Canada (SCC) decision, Canadian Artists’ Representation v National Gallery of Canada, considered the parameters of the duty to bargain in good faith.  The Court found that a labour tribunal’s conclusions regarding bargaining in bad faith were reasonable, where a company took a “rigid stance” it knew would not be acceptable to the other side and failed to exchange information prior to bargaining.

The collective bargaining being considered related to the terms of “scale agreements” governing employment terms between artists and producers. These agreements provide the basic terms and conditions for the use of … Continue Reading

Strike ballots struck out of Labour Relations Amendment Bill

After surviving a three year consultation process and hefty deliberations in the National Economic Development and Labour Council, strike ballot provisions were voted out of the Labour Relations Amendment Bill by Parliament’s labour committee last week.

The provisions, which were intended to amend the sections regulating workers’ right to strike in the Labour Relations Act made it a procedural requirement for the majority of a union’s members to vote in favour of a strike.  The proposed amendment was lauded by the business community as being a potential solution to the violent strikes that have characterised the last few years.  … Continue Reading

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