Exclusive Representation A majority of workers in a bargaining unit must appoint a representative with the exclusive or exclusive right to represent them in negotiations with the employer`s representative (29 U.S.C.A. The employer is not required to negotiate with an unauthorized representative (p. 158). Once a valid representative has been selected, non-unionized workers are also bound by the collective agreement and cannot negotiate individual contracts with the employer (J. I. Case Co. /NLRB, 321 U.S. 332, 64 p. Ct. 576, 88 L Ed. 762 ). Accordingly, the employer should not extend different conditions to workers in the bargaining unit, even if these conditions are more favourable, unless the collective agreement contemplates flexible terms (Emporium Capwell Co. v.
Western Addition Community Organization, 420 U.S. 50, 95 P. Ct. 977, 43 L Ed. 2d 12 ). Nevertheless, a party`s insistence on a certain contract term is not necessarily an unfair labour practice. The NRL and the courts that review and enforce their orders are not prepared to replace their judgment with that of the parties and will not judge the content of the collective agreements (NLRB/American National Insurance Co., 343 U.S. 395, 72 P.
Ct. 824, 96 L Ed. 1027 ). Moreover, the use of „economic weapons“, such as pressure tactics, picketing and strikes to force bargaining concessions, is not necessarily a negotiation in bad faith (NLRB v. Insurance Agents` International Union, 361 U.S. 477, 80 P. Ct. 419, 4 L Ed.
2d 454 ). There are provisions that are recorded in collective agreements that are not regulated by legislation. These issues include travel expenses, vacation bonuses, extra days off (called „pekkasvapaat“) or sick or maternity leave benefits. One area of the ongoing conflict between unions and employers is that wage increases are mandatory bargaining partners. In Acme The Cast v. NLRB, 26 F.3d 162 (D.C. Cir. Cir. 1994), the Court of Appeals analyzed the employer`s historical practice of determining the frequency and size of wage increases, and found that the issue of granting a wage increase is not at the discretion of the employer and cannot be decided without negotiation with the union (see also Daily News of Los Angeles/ NLRB , 979 F.2d 1571 [D.C Cir.
Cir. 1992] [by letter to the NRB] to determine whether wage increases that are consistent over time but are consistent with the level of discretion are considered to be subject to mandatory review]. Always check the collective agreement that respects your job when you start your new job. Information about benefits and rights guaranteed by the collective agreement is often valuable. Duty to negotiate in good faith During the negotiation process, the parties are not required by law to reach an agreement. However, they must negotiate in good faith (29 U.S.C.A. Although faithful is a somewhat subjective term, the courts will consider all the circumstances of the negotiations, including off-the-table conduct such as pressure and threats (NLRB v. Billion Motors, 700 F.2d 454 [8. Cir.
1983]). Most authorities agree that an absolute refusal to pay is bad faith (Wooster). Sections 8(a) (5) and 8 (b) (3) of the LNRA define the absence of collective bargaining as an unfair labour practice (29 U.S.C.A. 158, [b]).