Document Type
Comment
Abstract
An obligation to bargain collectively is imposed on both employer and employee representatives by the National Labor Relations Act (NLRA), I §8(a)(5)1 and §8(b)(3), 3 respectively. These provisions make it an unfair labor practice for either party to refuse to participate in collective bargaining. Compliance with this duty to bargain cannot be achieved by simply conferring about the terms and conditions of employment.
Rather, the NLRA imposes a further obligation on the parties, for §8(d) defines collective bargaining as: “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 and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, ... . (emphasis added).”
Whether a party's conduct is consistent with the statutory standard is determined by the National Labor Relations Board (NLRB), subject to review by the federal courts.
Recommended Citation
Gorman, Barbara Pugliese
(1976)
"Labor Law: The Duty of an Employer to Negotiate in Good Faith,"
University of Dayton Law Review: Vol. 1:
No.
2, Article 4.
Available at:
https://ecommons.udayton.edu/udlr/vol1/iss2/4
Publication Date
May 1976
