Exclusive representation The majority of employees in a bargaining unit must appoint a representative who has the sole or exclusive right to represent them in negotiations with the employer`s representative (29 U.S.C.A. § 159[a]). The employer is not obliged to negotiate with an unauthorized representative (§ 158[a]). Once a valid representative has been selected, employees who are not members of the union are also bound by the collective agreement and cannot negotiate individual contracts with the employer (J. I. Case Co.c. NLRB, 321 U.S. 332, 64 pp. Ct. 576, 88 L.
Ed. 762 ). Therefore, the employer cannot extend other conditions to employees in the bargaining unit, even if those conditions are more favourable, unless the collective agreement provides for flexible conditions (Emporium Capwell Co.c. Western Addition Community Organization, 420 U.S. 50, 95 pp. Ct. 977, 43 L. Ed. 2d 12 ). Answer: Yes. Collective bargaining is the definition of working conditions, including restructuring.
The precise terms of a collective agreement fall within the competence of the parties to the negotiations. It is customary to include provisions on consultation procedures, the provision of information and the participation of workers and their representatives in the discussion when an undertaking is considering a change that could affect workers, their conditions of employment or their employment in general. The Act is now included in the Trade Unions and Labour Relations (Consolidation) Act 1992, p. 179, according to which collective agreements in the United Kingdom are conclusively regarded as non-legally binding. This presumption can be rebutted if the agreement is in writing and contains an express provision that it should be legally enforceable. If this does not happen, it is possible that a STRIKE or other form of industrial action will take place. See SINGLE-TABLE NEGOTIATIONS. Answer: The right to strike is not explicitly mentioned in ILO Convention No. 87.
However, ILO supervisory bodies, including the Committee on Freedom of Association, have often stated that the right to strike is a fundamental right of workers and the most important means by which they can legally promote and defend their economic and social interests. .