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Collective Bargaining: Legal Definition & Rights

Legal Definition of Collective Bargaining

National Labor Relations Act, Section 8, (6), (d).

Collective bargaining is:  “The performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms of employment, or the negotiation of an agreement, or any question arising there under, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession…”

Oregon Law, Section 243, (650), (4).

“Collective Bargaining: means the performance of the mutual obligation of a public employer and the representatives of its employees to meet at reasonable times and confer in good faith with respect to employment relations, or the negotiation of an agreement, or any question arising there under, and the execution of a written contract incorporating any agreement reached if requested by either party.  However, this obligation does not compel either party to agree to a proposal or require the making of a concession.

Any worker in a unionized workplace has a Weingarten right.  This is the right to representation in a meeting with management that the worker reasonably believes could result in discipline.  Again, such a situation happens to very few of our members, but only those whose workplace is covered by a union contract have this right.

Weingarten Rights

If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting.  Without representation, I choose not to answer any questions.


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