Collective Bargaining Agreements
Collective bargaining agreements are contracts reached between an employer and a labor union that govern employment for employees who choose to belong to that labor union. These are agreements reached between the union and the employer, rather than the individual employee and the employer. If a dispute arises under a collective bargaining agreement, an individual employee, in some circumstances, may be able to use a private Austin collective bargaining agreement lawyer to represent them. The employment attorneys at Wiley Walsh P.C. may be able to represent you in such a dispute.Understanding Collective Bargaining Agreements
An employer typically has significantly more power than an individual employee when negotiating and setting the terms of employment. A non-unionized worker who needs a job to eat and pay rent may agree to terms and conditions even if they are unfair.
Collective bargaining agreements are a type of employment contract that alters this power dynamic. They are agreements reached between an employer and a labor union that affect the terms and conditions of employment for any employee-members of the labor union. The collective bargaining is not between the employer and the individual employee, but it can affect the individual employee by setting terms of employment involving wages, breaks, vacations, working hours, working conditions, and fringe benefits. Collective Bargaining Agreements generally provide covered employees with more protections and rights than a typical at-will employee has.
The 1935 National Labor Relations Act prevents employers from interfering with or restraining employees with regard to their rights to organize, form, or help a labor union for collective bargaining purposes. It also stops employers from preventing employees from working together to improve their terms of employment. For example, an employer cannot threaten an employee with the loss of benefits if they join a union. An employer cannot promise benefits to employees to discourage them from joining a union, and it cannot assign an employee a more difficult work task as punishment for filing unfair labor practice charges or participating in an NLRB investigation. The collective bargaining agreement attorneys at our Austin firm can advise workers on whether these rights may have been violated.
Collective Bargaining Agreements have grievance and dispute resolution procedures for employees that allow the labor organization to pursue claims and enforce rights on behalf its members. Generally, these procedures end in binding arbitration. In some situations, the labor organization may permit the employee to use a private attorney throughout this process.
The law also prohibits labor organizations from restraining or coercing employees as they try to exercise their rights. For example, in Texas, a labor organization has a duty of fair representation to its members and cannot engage in arbitrary, discriminatory, or bad faith conduct in representing a member.Contact a Collective Bargaining Agreement Lawyer in Austin
If you are a worker who is concerned about or has a dispute related to a collective bargaining agreement, we may be able to help. The Austin collective bargaining agreement attorneys at Wiley Walsh, P.C. represent workers in cities such as Georgetown, Round Rock, Cedar Park, Pflugerville, Leander, Del Valle, Kyle, San Marcos, San Antonio, New Braunfels, and Fredericksburg. Call us at (512) 271-5527 or use our online form to schedule an appointment. We also represent people who need a discrimination lawyer to assert their workplace rights.