In Fibreboard, the Supreme Court held that an employer`s decision to allocate part of its activities, after its three-part analysis, was a mandatory bargaining topic. First, subcontracting is in the literal sense of the NLRA`s term «conditions of employment.» Second, the fact that subcontracting is a subject of compulsory bargaining has an impact on the objectives of the NRL, putting «a crucial problem for work and management in the framework most conducive to industrial peace by Congress» – collective bargaining. Third, other employers in the same sector have looked at contract awarding in negotiations, rather than leaving it to the discretion of management. In his agreement, Justice Potter Stewart added that issues «at the heart of corporate control,» such as decisions on «investment capital commitment and the fundamental volume of the business,» are not mandatory bargaining topics. Nevertheless, a party`s insistence on a certain contract term is not necessarily an unfair labour practice. The NRL and the courts that review and enforce their orders are not prepared to replace their judgment with that of the parties and will not judge the content of the collective agreements (NLRB/American National Insurance Co., 343 U.S. 395, 72 P. Ct. 824, 96 L Ed. 1027 ).
Moreover, the use of «economic weapons», such as pressure tactics, picketing and strikes to force bargaining concessions, is not necessarily a negotiation in bad faith (NLRB v. Insurance Agents` International Union, 361 U.S. 477, 80 P. Ct. 419, 4 L Ed. 2d 454 ). British law reflects the historically contradictory nature of labour relations in the United Kingdom. In addition, workers are concerned that the union, if it were to file a collective agreement infringement action, would be bankrupted, which would allow workers to remain in collective bargaining without representation.
This unfortunate situation can change slowly, including due to EU influences. Japanese and Chinese companies, which have British factories (particularly in the automotive industry), try to pass on the company`s ethics to their workers. [Clarification needed] This approach has been adopted by local British companies, such as Tesco. More detailed information about the collective agreement can be obtained from Shop Steward or pro employee council. In the event of a conflict, Pro members can get assistance from the Shop Steward and the Union staff council. Mandatory Bargaining Issues Although the parties do not have to negotiate on all possible issues, they must negotiate in good faith binding bargaining issues, including wages, hours and other «conditions of employment» (29 U.S.C.A. As these mandatory issues are very broad, the courts have tried over the years to establish standards to determine whether a particular topic of negotiation is mandatory. In general, the terms of employment cover only issues that «govern one aspect of the relationship between the employer and the workers» (Allied Chemical – Alkali Workers of America v. Pittsburgh Plate Glass Co., 404 U.S.
157, 92 p. Ct. 383, 30 L. Ed. 2d 341 ). There are provisions that are recorded in collective agreements that are not regulated by legislation. These issues include travel expenses, vacation bonuses, extra days off (called «pekkasvapaat») or sick or maternity leave benefits. Refusing to respond to a request for information may be bad faith.