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...