Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P54

Gale Encyclopedia of American Law Volume 2 P54 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 518 COLLECTIVE BARGAINING In a show of support for collective bargaining rights state employees gather in Sante Fe New Mexico in February 2003. One month later Governor Bill Richardson signed a bill restoring the employees right to collective bargaining. AP IMAGES representative provided that the employees representative has majority support in the bargaining unit. Those certain subjects called mandatory subjects of bargaining include wages hours and other terms and conditions of employment. The employer and the union are not required to reach agreement but must bargain in good faith over mandatory subjects of bargaining until they reach an impasse. While a valid collective bargaining agreement is in effect and while the parties are bargaining but have not yet reached an impasse the employer may not unilaterally change a term of employment that is a mandatory subject of bargaining. But once the parties have reached an impasse the employer may unilaterally implement its proposed changes provided that it has previously offered the changes to the union for consideration. Exclusive Representation A majority of the workers in a bargaining unit must designate a representative with the sole or exclusive right to represent them in negotiations with the employer s representative 29 . 159 a . The employer is not required to bargain with an unauthorized representative 158 a 5 . Once a valid representative has been selected even workers who do not belong to the union are bound by the collective bargaining agreement and cannot negotiate individual contracts with the employer J. I. Case Co. v. NLRB 321 . 332 64 S. Ct. 576 88 L. Ed. 762 1944 . As a corollary the employer may not extend different terms to any workers in the bargaining unit even if those terms are more favorable unless the collective bargaining agreement contemplates flexible terms Emporium Capwell Co. v. Western Addition Community Organization 420 . 50 95 S. Ct. 977 43 L. Ed. 2d 12 1975 . once the .

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