The law of collective bargaining has four fundamental points: Rights arising from collective agreements or social plans are also not covered by this fund. Once the NRL has certified a union as an exclusive bargaining partner, the union has an irrefutable presumption of one-year majority support (River Dyeing – Finishing Corp. v. NLRB, 482 U.S. 27, 107 S. 2225, 96 L. Ed. 2d 22 ). This year, the employer must not refuse to negotiate with the union because the union does not represent a majority of workers. At the end of this year, the employer may refute the presumption that the union represents the majority of workers, by showing either that the union does not have majority support, or that the employer doubts in good faith that the union has lost the majority (NLRB/Curtin Matheson Scientific, 494 U.S.
775, 110 S. Ct. 1542 , 108 L Ed. 2d 801 ). In cases where the employer doubts that a union is a majority, the employer may “proactively withdraw” the union`s recognition by insisting on a collective agreement that ends at the end of the certification year (Rock-Tenn Co. v. NLRB, 69 F.3d 803 [7. Cir. If one party wants to negotiate a mandatory subject, it is an unfair work practice for the other to refuse. Other topics are subjects of generous bargaining and it may be an unfair labour practice for some party to demand negotiations about them (NLRB v.
Wooster Division of Borg-Warner Corp., 356 U.S. 342, 78 P. Ct. 718, 2 L. Ed. 2d 823 ). Therefore, although the parties are obliged to negotiate negotiating matters before implementing unilateral amendments, they can unilaterally amend generous issues without negotiation and cannot be forced to negotiate such amendments. 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 ). Dismissal pay under legal provisions and collective agreements An area of the continuing conflict between unions and employers is where 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]. Where the possibility exists, the Commission must appeal to airlines covered by collective labour agreements that comply with applicable ILO conventions. While most decisions made by an employer concern workers, not all of them are parties to the bargaining process. Some decisions, such as advertising and product choice, are so indirectly related to the working relationship and have such a small impact on the working relationship that they are almost certainly only generous bargaining partners. Other decisions, such as hiring, firing and operating rules, are so directly relevant to the employment relationship that they are almost certainly bargaining partners.