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  1. #1
    Join Date
    Jun 2008
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    3

    Default Rejecting A Collective Bargaining Agreement

    My question involves employment and labor law for the state of: New York and Federal cases.
    I have to do a research paper, and I was wondering when can an employer reject a collective bargaining agreement negotiated by its bargaining representative? in the NY public sector and private sector?
    Thanks so much!

  2. #2
    Join Date
    Jun 2008
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    3

    Default Re: Rejecting A Collective Bargaining Agreement

    In this scenario:
    - union/mgmt negotiation
    - tentative agreement btwn employer and union membership
    - ratified by the union membership
    - employer then refuses to adopt or ratify the agreement.

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Rejecting A Collective Bargaining Agreement

    My question involves employment and labor law for the state of: New York
    I posted this in another forum, but maybe it fits better here:
    I have to do a research paper, and I was wondering when can an employer reject a collective bargaining agreement negotiated by its bargaining representative? in the NY public sector and private sector?
    Thanks so much!

    For instance in this scenario:
    - union/mgmt negotiation
    - tentative agreement btwn employer and union membership
    - ratified by the union membership
    - employer then refuses to adopt or ratify the agreement.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Rejecting A Collective Bargaining Agreement

    Sorry.

    We don't do homework.

    Google FSLA.

  5. #5
    Join Date
    Sep 2007
    Posts
    23

    Default Re: Rejecting A Collective Bargaining Agreement

    As a general rule, in the private sector, the bargaining representative for management has to be able to enter into an agreement. If the company sends individuals into a collective bargaining session that do not have authorization to enter into an agreement it is a per se violation of the NLRA.

    That said, if the collective bargaining agent for a company were to state at the very beginning of negotiations that any agreement he was to enter into was subject to ratification by a board of directors, for instance, then those boards of directors would have the same ability to vote on, ratify, or turn down a collective bargaining agreement that union members have.

    If there has been no long term collective bargaining relationship between a union and management and the union representatives fail to inform managements negotiators that any agreement reached is subject to ratification the union will be held to the agreement if their negotiators agree to its terms.

    To sum up, either side can preface the collective bargaining by stating that any agreement reached is subject to ratification by the constituents involved.

    In the public sector, generally, the legislature is the final ratifier of any management negotiated and agreed to settlement. If the state legislature, for instance, refuses to ratify the agreement then it’s back to square one. Each state that allows public sector collective bargaining has different rules, but from my knowledge of the Taylor Law in NYS this is how it works.

    I hope I was able to answer your question.

    Eric

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