As Justice William Brennan wrote in Retail Clerks v. Lion Dry Goods, the Act's coverage «is not limited to labor organizations which are entitled to recognition as
exclusive bargaining agents of employees... «Members only» contracts have long been recognized.»
(2) Every collective agreement to which an accredited employers» organization is a party shall be deemed to provide that the accredited employers» organization is recognized as
the exclusive bargaining agent of the employers in the unit of employers for whom the employers» organization has been accredited.
45 (1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as
the exclusive bargaining agent of the employees in the bargaining unit defined therein.
Not exact matches
The PBA
of New York State is the
exclusive bargaining agent for the New York State University (SUNY) Police, the New York State Environmental Conservation Police, the New York State Park Police, and the New York State Forest Rangers.
To be sure, Board members are empowered by the fact that Colorado is «one
of nine states in which the law neither forbids, nor requires public education employees to be represented by labor unions as
exclusive bargaining agents.»
#dougconeg, AFT, applications, approaching,
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bargaining, Colorado, Contract negotiations, contracts, DCFT, deadlines, Douglas County, Douglas County Board
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of Teachers, Ed Is Watching,
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In terms
of the relationship between black dissidents and their allies and
exclusive bargaining agents, the board and court approaches in Draper, Tanner, and Emporium Capwell have it all backwards.
See Hanover Township Federation
of Teachers v. Hanover Community School Corp., 457 F. 2d 456, 461 (CA7 1972), quoting Indianapolis Education Assn. v. Lewallen, 72 LRRM 2071, 2072 (CA7 1969)(«there is no constitutional duty to
bargain collectively with an
exclusive bargaining agent»).
While Ms. Bernard has a right not to become a union member, she does not have the right to opt out
of the union's role as
exclusive bargaining agent for all
bargaining unit employees, including her.
The union is
exclusive bargaining agent for all members
of the
bargaining unit and has representational duties — such as in collective
bargaining, the grievance process, workforce adjustments, prosecuting complaints, and conducting strike votes.
If over 50 %
of the employees who cast ballots vote to unionize, the union will be certified and become the unit's
exclusive bargaining agent.
Are unions allowed to forgo their privilege as the «
exclusive bargaining agent» and negotiate only on behalf
of members?
«
bargaining agent» means a trade union as defined in the Labour Relations Act that has the status
of exclusive bargaining agent under that Act in respect
of any
bargaining unit or units in an establishment and includes an organization representing employees to whom this Act applies where such organization has
exclusive bargaining rights under any other Act in respect
of such employees; («
agent négociateur»)
The Board then issues a certificate which confirms that the union is the
exclusive agent for every employee in the
bargaining unit, regardless
of whether or not they are a member
of the union.
If 65 per cent
of employees or higher sign a union membership card (or petition), the Labour Relations Board will certify that union as the
exclusive bargaining agent.
«trade union» means a trade union as defined in the Labour Relations Act, 1995 that has the status
of exclusive bargaining agent under that Act in respect
of any
bargaining unit or units in a workplace and includes an organization representing workers or persons to whom this Act applies where such organization has
exclusive bargaining rights under any other Act in respect
of such workers or persons; («syndicat»)