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Classification of Bargaining
Name
Institution Affiliation
According
to Holley, et al. (2016), mandatory subjects are the elements which are
incorporated in the statutes in the terms of employment. Such elements include
the rate of payment per hour, plans for sharing profit and pension, grievance
handling mechanism, promotion plans, sick leaves, the age for retirement, and
rights of management. The authors further argue that a subject is mandatory if
it poses a direct impact on the employee.
Unlike
optional subjects for bargaining, a union does not have right to waive the
mandatory subjects of negotiation. In this case, for example, an employer may
voluntarily decide to bargain his plans concerning closing his plant or
reducing the number of brands in his business without any influence by the
union. They must, however, discuss the issues that have a direct impact on the
employees. In our case study, installation of surveillance system affect the
employees directly but the union is ready to waive the subjects because the
management had confirmed them that they had used the systems before, and no
violation of employees' privacy ever occurred (Holley et al. 2016).
The
established labor agreement may not apply due to lack of conducting the
bargaining process in good will. The union believes the management have a duty
to address the issues concerning remove of surveillance in good will. However, the
company makes arguments that it has absolute right to engage in legitimate
business related actions to protect the owners' interest. Also, the management
points out that it has used surveillance camera without objection by the Union
(Holley & Ross, 2012).
The
management's strong stands against bargain over the issue of surveillance usage
in the workplace is not in accordance with the duty to negotiate in good faith.
The employees in the company have the right to privacy, and the Union poses the
right to sue the company under the contractual grievance for any alleged missus
of terms. The appropriate remedy for this tense relation would be to instill
employees' honest by offering good remuneration to avoid theft and scheduling
schemes that will revert unethical practices such as drug abuse in the
workplace. The parties may also seek a third party opinion concerning the
tension in their bargains.
Respective position of...