Administrationand Judicial Enforcement of Collective Agreements
Administrationand judicial enforcement of collective agreements
Thecourt should rule that the parties’ grievances should be submittedto arbitration.From the agreement that the company has signed withthe union, it is clear that the corporation identifies the Union asthe exclusive negotiating representative for the employees of theCompany.Bargainingpowers entails bargaining for salary adjustments for the Blue Skyemployees. This means that the union has every right to come in andnegotiate any changes, which the company intends to implement interms of salary adjustments based on performance. The other clause ofthe agreement between the company and the union is that there shouldbe the mutual responsibility and respect. This means that the companyat all times should ensure that the rights that it has allocated tothe union for collective bargaining should be respected.
Onthe other hand, the Company argues that it has every right to retainand exercise its rights when it was non-union. According to Getman &Getman (2012), this cannot be applicable as long as the Companyagreed to enter into a contract with the union to represent andbargain for its employees, the company cannot continue enjoying theautonomy, which it had before involving the union as the agent ofcollective bargaining. The company in addition defends itself bypointing that the union has no right to interfere with matterspertaining employee evaluation. The latter, cannot be separated fromsalary review, one of the responsibilities of the union in collectivebargaining.
ReferencesGetman,J., & Getman, D. (2012). Winning the FLSA Battle: HowCorporations Use Arbitration Clauses to Avoid Judges, Juries,Plaintiffs, and Laws. .John`s L. Rev., 86,447.