Legal Definition and Related Resources of Collective Bargaining

A procedure whereby an employer and the representatives of the collective body of his employees negotiate and bargain with a view to fixing the terms and conditions of employment. Collective bargaining usually is carried on between the employer’s representatives and the representatives of the union of the employees. It is an activity, pre-supposing that the employees shall have opportunity in the absence of the employer to canvas their grievances, formulate their demands in common and instruct an advocate who they believe will best press their claims. The aim of such bargaining is an accord as to terms governing hiring and work and pay in the employment and conditions thereof. See J.I. Case Co. v N.L.R.B., 321 U.S. 332, 64 S.Ct. 576, 88 L.Ed. 762. See also national labor Relations Act,29 U.S.C. §§151-168.

noun

• abatement of differences
• adjustment
• arbitrage
• arbitrament
• arbitration
• bargaining
• compromise
• conciliation
• conference
• intercession
• intermediation
• interposition
• intervention
• mediation
• mediatorship
• negotiation
• package bargaining
• pattern bargaining
• umpirage
• Associated Concepts: collective bargaining unit

Browse or run a search for Collective Bargaining in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Collective Bargaining in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Collective Bargaining in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Collective Bargaining in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Bargaining Unit, Essence, Grievance, Labor Dispute.

See also

The negotiation, administration, and enforcement of written agreements between employers and unions…. (Read more)

English Legal System: Collective Bargaining

In the context of the English law, A Dictionary of Law provides the following legal concept of Collective Bargaining : Negotiations between trade unions (acting for their members) and employers about terms and conditions of employment. Under the Trade Union and Labour Relations (Consolidation) Act 1992, a collective agreement (an agreement between trade union and employer resulting from collective bargaining) is not legally binding unless it is in writing and specifically states the parties’ intention to be bound. Unenforceable collective agreements frequently include terms (relating to pay, discipline, etc.) that will become incorporated in individual employees’ binding contracts of employment. In these respects the written particulars of employees’ contracts, which the employer must give under the Employment Rights Act 1996, must refer the employee to the collective agreement, which must be reasonably accessible to him. Terms of a collective agreement that discriminate on grounds of sex may be challenged by individuals in a court or employment tribunal on the ground that they contravene the principle of equal treatment. When a collective agreement provides that individual employees’ contracts will circumscribe their right to strike, the employees will only be bound if their contracts contain that provision and the collective agreement was negotiated by an *independent trade union, is in writing, and is readily accessible to employees during working hours. The parties to a collective agreement containing procedures for determining complaints of unfair dismissal may apply to the Secretary of State for an order that those procedures be substituted for the statutory jurisdiction of employment tribunals. An order will only be made if the agreement was negotiated by an independent trade union, sufficiently identifies the employees affected, and gives them remedies as beneficial as the statutory scheme and a right to independent arbitration or adjudication.

See also disclosure of information; recognition procedure.

Resources

Legal English Vocabulary: Collective Bargaining in Spanish

Online translation of the English legal term collective bargaining into Spanish: negociación colectiva (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus

What is the meaning of Collective Bargaining?

A definition of Collective Bargaining is provided here: The process by which a union represents employees in relations with their employer.

Resources

See Also

• Rights
• Legal Rights
• Fundamental Rights
• Civil Rights

Collective Bargaining

Resources

Further Reading

• Boone, Louis E., and Kurtz, David L. (1999). Contemporary
  Business. Fort Worth, TX: Dryden Press.
  Davey, Harold W. (1972). Contemporary Collective Bargaining.
  Englewood Cliffs, NJ: Prentice-Hall.
  Miernyk, William H. (1965). The Economics of Labor and
  Collective Bargaining. Boston: Heath.
  Voos, Paula B., ed. (1994). Contemporary Collective Bargaining
  in the Private Sector. Madison, WI: Industrial
  Relations Research Association. Wray, Ralph D., Luft, Roger L., and Highland, Patrick J.
  (1996). Fundamentals of Human Relations. Cincinnati,
  OH: South-Western Educational Publishing.
  PAULA DEA LEE
• Collective Bargaining in the Encyclopedia of Business and Finance, 3rd Edition, Macmillan Reference USA, 2014

Hierarchical Display of Collective bargaining

Employment And Working Conditions > Labour law and labour relations > Labour relations

Meaning of Collective bargaining

Overview and more information about Collective bargaining

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Resources

Translation of Collective bargaining

• Spanish: Negociación colectiva
• French: Négociation collective
• German: Tarifverhandlung
• Italian: Contrattazione collettiva
• Portuguese: Negociação coletiva
• Polish: Negocjacje zbiorowe

Thesaurus of Collective bargaining

Employment And Working Conditions > Labour law and labour relations > Labour relations > Collective bargaining

See also

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