In my company, we try to conduct with transparency and full disclosure. As I have negotiated several collective agreements over the past 25 months, I have tried to expand the article on management rights so that there are no misunderstandings about the work surface of some of our more exuberant and zealous workers. Some unions have opposed our proposals because they want the clause to remain vague, they do not want the supervisory to have an iron clause to support superiors when they award particularly undesirable employment contracts. Unions are told that “we (the union and industrial relations) may know all the pros and cons of management rights that are enshrined in legislation and vaguely written in the collective agreement, but we want our employees to know that too.” There are some restrictions on employers negotiating terms and conditions of employment. While there is no basis in the law itself or in the debate in Congress created by the NRA, the Supreme Court has imposed certain restrictions on our rights. As might be expected, the restrictions favor the bosses. The Court decided that there should be mandatory subjects of negotiation and subjects of voluntary negotiation. The kind of basis for management rights is to grasp the language that provides management with the ongoing ability to manage its affairs. That is what made us ask the question. Should management`s rights be defined more detailed or smoothly in the language of the collective agreement? Thank you BigChair The board of directors approved the union and found that the management rights clause was not a clear and unequivocal waiver by the union to negotiate the changes in question. The Council stated: “None of the contractual provisions for rights management, in particular the reference work rules, absenteeism and progressive discipline. Moreover, there is no evidence that the parties discussed these issues during the negotiations.
In a footnote, the Board rejected any allegation that the “right to adopt and apply the rules” that the employer reserves in the management rights clause has the specificity necessary to establish a clear and unequivocal waiver. Collective agreements do not and cannot cover all the subjects that arise during their duration. .