Collective bargaining allows workers and employers to voluntarily agree on a wide range of issues. Nevertheless, it is limited to some extent by federal and regional laws. A collective agreement cannot be contractual, which is prohibited by law. For example, a union and an employer cannot use collective bargaining to deprive workers of rights they would otherwise enjoy under laws such as the Civil Rights Articles (Alexander v. Gardner-Denver Co., 415 U.P. 36, 94, p. Ct. 1011, 39 L. Ed. 2d 147 ). Nor can collective bargaining be used to waive the rights or obligations that the law imposes on both parties. For example, an employer cannot use collective bargaining to lower the level of safety standards it must meet under the Occupational Safety and Health Act (29 U.S.C.A. §651 et seq.).
In addition, the collective agreement is not purely voluntary. The inability of one party to reach an agreement allows the other to use certain legal tactics, such as strikes and lockouts, to exert economic pressure and force a deal. In addition, unlike trade agreements governed by national law, collective agreements are governed almost exclusively by federal labour law, which defines the issues, collective bargaining, date and method of bargaining, as well as the consequences of failure to negotiate or comply with a collective agreement. In the event of restructuring of the enterprise, the collective agreement remains in force throughout its duration; it may then be revised on the initiative of one of the parties. The Conciliation Committee or the Ombudsman shall make recommendations on the content of the disagreement within seven days of examining the minutes of the disagreement. The following mutual obligations of the employer and the workers may be included in the collective agreement: as soon as the parties are at an impasse, the employer may make unilateral changes to the mandatory tariff issues, provided that it has previously proposed these changes to the union (NLRB v. Plainville Ready Mix Concrete Co., 44 F.3d 1320 [6th Cir. 1995]; NLRB v. Emsing`s Supermarket, 872 F.2d 1279 [7 cir. 1989]).
In view of the economic situation of the undertaking, the collective agreement may also contain other clauses, in particular those which offer workers more favourable working and socio-economic conditions than those laid down by legal and legislative standards and provisions (additional leave, pension supplements, early retirement, allowance for transport and mission expenses, free or reduced meals in the undertaking and for the children of workers in the undertaking. s schools and before working time). B.B. schools and other types of benefits and allowances). The employer is obliged to give the trade union representative body or body authorised by the workers the opportunity to inform each worker of the draft collective agreement drawn up by the parties and to provide these bodies with the internal means of communication and information in his possession, computers and other technical equipment, premises for meetings and consultations outside working hours and the space necessary for the installation of blackboards. es to be provided. During the three months preceding the expiry of a collective agreement or agreement in force, or within a period prescribed by such an instrument, either Party may notify the other Party in writing of its intention to enter into negotiations with a view to concluding a new collective agreement or agreement. Section 14. Application of the collective agreement. A collective agreement is concluded for a period of at least one year and a maximum of three years.
The composition of the Committee, the duration, the place of its work and its negotiating agenda shall be defined by decision of the Parties. . . .