The collective bargaining and associated labor contract negotiation process lead to the formation of an agreement between the labor union and the employer. The agreement may last a period of 2-5 years, and hence employers are obliged to meet the terms and conditions of employment specified in this agreement for the particular period regardless of whatever changes occur over this time. Hence, employees are obliged to bear financial or other losses too in the event of an adverse change in the employment spectrum. Likewise, the employer or the management has a responsibility to provide the labor union with adequate information relevant to the collective bargaining process. To be more precise, upon request for information from a labor union representative, the management is required to provide proper information that is vital to engage intelligently in the collective bargaining process and to administer an agreement effectively. Another area of concern for the management is that it is required to release information regarding the health of employees upon request. When the employer is asked to supply information regarding previously identified health problems in the organization, the situation would adversely affect the reputation of the business. Sometimes, the disclosure of sensitive business information to the labor union may hurt the firm’s market competitiveness if that information reaches in the hands of unintended parties. In addition, employers are obliged to pay specific attention to government policies and court rulings relevant to the bargaining process. They are also needed to promote the inclusion of all labor union representatives elected by labors. In order for a labor union to be considered a valid union to engage in collective bargaining, it should represent the majority of employees. In Giwusa Obo Members vs. Spectrum Ceramics CC, the court held that “For a trade union to be considered to be a "majority union" in a particular workplace, it is trite law that such union should have as its members, a representivity figure of 50% of the employees employed in such workplace, plus an additional one member” (cited in Watkins, 2005).
References
Watkins, J. (2005). Case-Law & Legislation Review: Collective Bargaining organisational Rights. “Giwusa Obo Members vs. Spectrum Ceramics CC”. Work Info. Retrieved from http://www.workinfo.com/free/downloads/470.htm
