Duhaime's Law Dictionary


Collective Bargaining Definition:

Trade agreement negotiation between an employer and a person(s) representative of a larger unit of employees, to govern hiring, work, pay and dispute resolution.

Related Terms: Union, Collective Bargaining Agreement, Labor Organization, Labor Union, Strike, Trade Union, Negotiation

Those negotiations between an employer and a person(s) representing a group of defined employees seeking to agree on a global and comprehensive agreement to regulate working hours and conditions, dispute resolution, rates of pay and hiring in all regards as to members of the group.

In J.I. Case Co v Labor Board, Justice Jackson of the United States Supreme Court wrote:

"Collective bargaining between employer and the representatives of a unit, usually a union, results in an accord as to terms which will govern hiring and work and pay in that unit."

Collective bargaining stampIn Health Services, Justice Thackray of the Court of Appeal of British Columbia, §79 wrote:

"Collective bargaining in its essentials is a process of negotiation between an employer and a labour union with the object of concluding an agreement regulating the relationship between both the employer and its employees and the employer and the union."

The result of successful collective bargaining is a collective bargaining agreement (CBA), or also known as a trade or labor agreement.

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