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Distinguish among mandatory, permissive, and illegal bargaining subjects HR class

Distinguish among mandatory, permissive, and illegal bargaining subjects

HR class

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Answer #1

Mandatory Subject Of Bargaining -

Specific terms and conditions are negotiated between the management and unions , this can be referred to as mandatory subject of bargaining. A change to the terms and conditions cannot be made by the employer without the consent of the union which can be a opportunity to bargain over the change they desired. Employer and the union cannot refuse to bargain over the here (mandatory subjects of bargaining).

Example- wages,pension,health care benefits.length of a contract etc.

Permissive Subject Of Bargaining -

Permissive subject of bargaining is not mandatory subjects of bargaining, and it is not directly related to work. In this subject of bargaining , the party can propose about discussing permissive subjects of bargaining, and where the other side can voluntarily bargain on the subjects. Both the party cannot insist on bargaining subject to the point where no progress is possible and no outcome . Here, once when the permissive bargaining starts, any of the side can end the bargaining without any penalty charged.

Examples- Matters which are internal to the unions(in this case unions can't negotiate), terms and conditions related to employment for employees of the management ( here the employees should not negotiate).

Illegal Subject Of Bargaining -

Even when this is included in an agreement ( collective bargaining agreement), in cannot be enforced legally as making it unenforceable .

Example - In labour contract its is stated that , if the worker is late for the work 2 times in one week , then those workers are required to be beaten , when the week ends. Here beating of workers is illegal and a crime, so this type of bargaining is not allowed for the clause that is stated, which is illegal.

Closed shop provisions , hot cargo clauses are also examples of illegal subjects of bargaining.

>First and second type of subjects of bargaining are legal and the third one is illegal as it cannot be enforced by the law.

>Mandatory subjects of bargaining is related to work, permissive subjects of bargaining can also be not related to work, illegal subjects of bargaining is unlawful.

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