Nevertheless, a party`s insistence on a specific contractual term is not necessarily an unfair labour practice. The NLRB and the courts reviewing and ensuing its orders are not prepared to replace their judgment with that of the parties and will not evaluate the content of collective agreements (NLRB v. American National Insurance Co., 343 U.S. 395, 72 pp. Ct. 824, 96 L. Ed. 1027 ). Moreover, the use of “economic weapons” such as pressure measures, pickets and strikes to force the negotiation of concessions is not necessarily bad faith negotiation (NLRB v. Insurance Agents` International Union, 361 U.S. 477, 80 pp. Ct.
419, 4 L. Ed. 2d 454 ). Pro`s collective agreement guarantees fair rules of the contractual relationship and appropriate remuneration. Once the NLRB certifies a union as the exclusive negotiator, the union enjoys an irrefutable presumption of majority support for one year (Case River Dyeing & Finishing Corp.c. NLRB, 482 U.S. 27, 107 pp. Ct. 2225, 96 L.
Ed. 2d 22 ). During that year, the employer may not refuse to negotiate with the union on the ground that the union does not represent the majority of the employees. At the end of this year, the employer may rebut the presumption that the union represents the majority of workers by proving that the union does not actually enjoy a majority or that the employer has a good faith doubt based on sufficient objective evidence that the union has lost the majority (NLRB v. Curtin Matheson Scientific, 494 U.S. 775, 110 p. Ct. 1542, 108 L. Ed. 2d 801 ,1990). In cases where the employer doubts that a union has the support of the majority, it may “anticipate” the recognition of the union by insisting that a collective agreement end at the end of the certification year (Rock-Tenn Co.c.
NLRB, 69 F.3d 803 [7th Cir. 1995]). Collective agreements also include decisions on hours of work and overtime pay. Trade Union Pro`s collective agreements include, for example, agreements on job difference, travel allowance, sickness benefit, maternity allowance, vacation pay and stand-on allowance. A collective agreement (TES) is a contract between a trade union and an employers` union on the terms and conditions of employment in this area. As long as a collective agreement is in force, it can only be amended by mutual voluntary agreement. A change in the duration of the contract must be approved by the Labour Authority. Exclusive representation The majority of employees in a bargaining unit must appoint a representative who has the sole or exclusive right to represent them in negotiations with the employer`s representative (29 U.S.C.A. § 159[a]).
The employer is not obliged to negotiate with an unauthorized representative (§ 158[a]). .