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CONTRACTS & COLLECTIVE BARGAINING |
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The major function of U.S. unions is collective bargaining, a process by which unions and employers negotiate terms of employment. The terms are set forth in a written agreement that the union and the employer promise to enforce. The collective agreement is a document that is divided into five main sections:
About 200,000 labor-management agreements exist in the United States at the present time, and each is unique. Its specific provisions depend on the employer’s abilities of the union and the employer negotiators. Wages and Wage Supplements The
wage provisions of the agreement specify how much the employees are to be
paid in relation to particular job classifications and types of work. The
provisions cover paid holidays, paid vacations, overtime rates, and hours
of work. Most agreements specify minimum daily or weekly pay guarantees. Job Rights Unions are also interested in workers’ rights on the job, which give employees a voice in determining work conditions and protect them from arbitrary acts of their superiors. Workers have the right to complain to management without fear of reprisal if they have reason to believe that some provision of the collective agreement has been violated. Another important job right- concerns discharge and discipline. In such cases, the employee must be given “just cause,” or a good reason; if the employer fails to show just cause, the worker has the right of redress through the grievance machinery. Workers are also entitled to seniority rights; length of service must be considered in determining layoffs, transfers, promotions, and vacations time. Union Rights A collective bargaining agreement also contains union security provisions that establish the union’s right to recognition as long as it represents a majority of the employees in a bargaining unit. Most agreements provide for a union shop, where workers are hired on the condition that they join the union and pay dues afterward. (In a CLOSED SHOP, all persons hired must already be union members. OPEN SHOPS, which are mandatory in states that have RIGHT-TO-WORK laws, do not require union membership as a condition of employment.) A check-off clause requires management to withhold union dues from employees’ pay and forward them to the union. Under federal law a union has exclusive representation in any collective bargaining unit where it has been selected by a majority of the employees. The employer may not bargain with any other union or employee group claiming to represent workers in that unit, which may be an occupation, craft, department, plant or plants, company, or companies, depending on the scope of the agreement. Management Rights An
agreement will also contain provisions designed to protect
“management’s right to manage.” Enforcement Many unionists believe that enforcing the agreement is the most important part of the collective bargaining process and that without enforcement the written agreement is ineffective. Enforcement is administered through a functioning grievance procedure capped by ARBITRATION. WHY JOIN A LABOR UNION? As
a worker, you have a right under federal law to form a union, select
representatives of your choice and bargain collectively with your
employer. This helps balance the power that an employer has over his
individual employees. Better wages Through
collective bargaining, unions have helped raise the standard of living for
millions of American workers. There is a distinct economic advantage in
belonging to a union and working under a union contract. Union
Wage Advantage Better Pensions Union representation means that you are more likely to be able to retire with security and dignity. Overall, 90% of full-time union workers participate in at least one retirement plan, compared to only 74% of non-represented workers. Union workers are far more likely to participate in traditional defined benefit plans – 86% for union members versus only 50% for non-union workers. Such plans are almost always financed entirely by the employer, and your retirement benefits are guaranteed by the federal government. Better
Pensions The graph pictured here shows the union advantage in retirement security. Among union workers, 81% have defined benefit pension plans that are wholly financed by the employer. In non-union work sites only 48% of workers have defined benefit retirement plans financed by the employers. Better Health Care Unions have pioneered the provision of health care as an employee benefit. Virtually all union contracts provide health care coverage, often paid for entirely by the employer. Sadly, there are nearly 40 million Americans who have no health insurance. Most of these are children of employed workers, including those workers who serve our food in restaurants and take care of us in hospitals. Better
Family Health Insurance Among union workers, 52% have family medical coverage that is wholly paid by the employer. In non-union work places, only 18% have such coverage. Similarly, with dental care, union members have significant advantage. In union work sites, 49% of workers have family dental coverage that is financed wholly by the employer. Among the non-union workers, only 19% have employer paid dental coverage. Better Sickness & Accident Benefits Sickness and accident benefits provide needed income to working families in the event of non-work related sickness and injury. Among union workers, 71% have sickness and accident insurance; in non-union work sites only 36% receive economic security during times of illness and injury. A
Right to Health & Safety on the Job A voice at Work the Boss Can’t Ignore Belonging to a union gives you rights under federal law that you do not have as an individual. Union representation provides you with the tools you need to deal with your employer from a position of strength. Belonging to a union allows you to establish a written agreement that specifies the terms of your employment. Once you have formed a union, your employer is KNOW YOUR RIGHTS ! Congress
has declared these rights the Law of the Land
Employers Are Forbidden By Law To Engage In Certain Conduct Your Employer May NOT Legally
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