The United States recognizes collective agreements. T92   In the Common Law, Ford vs. A.U.E.F. , the courts once ruled that collective agreements were not binding. Second, the Industrial Relations Act of 1971, introduced by Robert Carr (Minister of Labour in Edward Heath`s cabinet), provided that collective agreements were binding, unless a written contractual clause explained otherwise. After the death of the Heath government, the law was rescinded to reflect the tradition of the UK`s labour relations policy of legally refraining from workplace disputes. A collective agreement (CBA) is a written legal contract between an employer and a union representing workers. The KNA is the result of a broad negotiation process between the parties on issues such as wages, working time and working conditions. It is contrary to the institute`s federal guidelines and laws for any representative of the institute`s management to be discriminated against against an employee because he or she is a member of a union or is active in a union. This Directive shall apply to the taking into account of promotions and/or transfers, the assignment of work tasks, discipline and other related decisions which are the responsibility of the hierarchical superior. While each agreement defines the main terms negotiated between the Institute and the union, it does not cover all situations. From time to time, special circumstances are required and require interpretation of the contractual language. Such an interpretation may give rise to controversies which, in turn, may lead to the need for a solution through the appeal procedure of the agreement.
However, a mutually acceptable interpretation is generally agreed between the Institute and the representatives of the union. Where such interpretations may affect the relationship between supervisor and staff, supervisors are advised. The Act is now included in the Trade Union and Labour Relations (Consolidation) Act 1992, 1992, 179, according to which collective agreements in the United Kingdom are ultimately considered non-legally binding. This presumption can be rebutted if the agreement is in writing and contains an explicit provision stating that it should be legally enforceable. Although the collective agreement itself is not applicable, many of the negotiated conditions relate to wages, conditions, leave, pensions, etc. These conditions are included in an employee`s employment contract (whether or not the worker is a member of the union); and the employment contract is of course applicable. If the new conditions are not acceptable to individuals, they may contradict their employer; but if the majority of workers have agreed, the company will be able to dismiss the plaintiffs, normally with impunity. The Institute has recognized the unions referred to in section 8.1 as exclusive negotiators for the employees of their respective collective units and has concluded written collective agreements with each of them. The Institute has thus accepted the principle of collective determination of wages, hours and conditions of service, which is established in accordance with the principles of bilateral and contractual agreements to which the Institute is a party. The Institute enters into these agreements in good faith and its policy and intent is to abide by the letter and spirit of the agreements.
Each supervisor should familiarize himself with the provisions of the agreements that cover staff in his or her area of responsibility. Workers are not required to join a union on a given job. However, most sectors of activity with an average trade union organization of 70% are subject to a collective agreement. An agreement does not prohibit higher wages and better social benefits, but sets a legal minimum, much like a minimum wage. . . .