Section 10. Right of initiative on the need to conclude a collective agreement. The right of initiative on the need to conclude a collective agreement with the employer is conferred on the trade union through its executive body, a workers` representative body elected by it or directly at the general meeting (or conference) of the workers` collective. Section 8. Dispute Resolution. The parties use conciliation procedures to settle disputes arising from collective bargaining. If, in the course of the negotiations, the Parties do not reach an agreement for reasons which abstain from their wishes, a Protocol should be drawn up containing final proposals from the Parties on appropriate measures to remedy them and the date of resumption of negotiations. Collective bargaining allows workers and employers to voluntarily agree on a wide range of issues. Nevertheless, it is limited to some extent by federal and regional laws. A collective agreement cannot be contractual, which is prohibited by law. For example, a union and an employer cannot use collective bargaining to deprive workers of rights they would otherwise enjoy under laws such as civil rights (Alexander v. Gardner-Denver Co., 415 U.P. 36, 94 pp.
Ct. 1011, 39 L. Ed. 2d 147 ). Nor can collective bargaining be used to waive the rights or obligations that the law imposes on both parties. For example, an employer cannot use collective bargaining to lower the level of safety standards it must meet under the OCCUPATIONAL SAFETY AND HEALTH ACT (29 U.S.C.A. §651 et seq.). In addition, the collective agreement is not purely voluntary. The inability of one party to reach an agreement allows the other to use certain legal tactics, such as strikes and lockouts, to exert economic pressure and force a deal. In addition, unlike trade agreements governed by national law, the collective agreement is almost exclusively governed by the Federal Labour Act, which defines the issues that require collective bargaining, the timing and method of bargaining, as well as the consequences of failure to negotiate properly or to comply with a collective agreement. David Stern, commissioner of the National Basketball Association (NBA), (right), shakes hands with NBA Players Association general manager Billy Hunter at a press conference in January 1999, during which a collective agreement between the league and the players was announced.
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