One area of the ongoing conflict between unions and employers is that wage increases are mandatory bargaining partners. In Acme Die Casting v. NLRB, 26 F.3d 162 (D.C. Cir. 1994), the Court of Appeal 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 left to the employer`s discretion and cannot be decided without negotiation with the union. Since 2003, the U.S. Supreme Court has failed to resolve whether wage increases are mandatory collective bargaining issues, so federal appels courts have developed their own rules to address this issue. If an employer does not exercise discretion to determine the date or amount of the wage increase, the issue of wage increases is a matter of collective bargaining. NLRB v. Beverly Enter.-Mass., Inc., 174 F.3d 13 (1st Cir. 1999). Even if an employer exercises some discretion in setting wage increases, such as an annual increase to cover the cost of living, this circumstance does not prevent wage increases from becoming a subject of duty if the company has long been granting such wage increases.
NLRB v. Pepsi-Cola Bottling Co., 00-1969, 2001 WL 791645 (4. Cir. July 13, 2001). NJORD provides legal advice on all challenges related to collective agreements. We can ensure that your company is aware of the rules of the collective agreement in question. In addition, we advise and support you on the following questions: Can your company be covered in different ways by a collective agreement? Once an interim agreement has been reached between the employer and union representatives, each union member has the opportunity to vote in favour of its acceptance or rejection. If at least 50% of union members who vote accept the agreement, it becomes legally binding. If union members do not accept the agreement, the employer and union representatives can continue negotiations. Alternatively, the union may call for a strike vote.
In addition, a strike vote must obtain at least 50% of the vote. Very rarely, if a union cannot obtain ratification or strike authorization, it will waive its right to represent workers. It is a condition of the collective agreement that those who use the agreement cannot be solicited by a public body (as defined in the financial emergency measures in the Public Interest Acts 2009 – 2011) to re-enter the public service for a period of two years from the end of the employment relationship. The Act is now enshrined in the Trade Union and Labour Relations (Consolidation) Act 1992 p.179, which provides that collective agreements are definitively considered non-binding in the United Kingdom.