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Surface Bargaining
In collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement. In this regard, it is a form of bad faith bargaining. Distinguishing surface bargaining from good faith bargaining is extremely difficult. The entire history of the negotiations must be assessed, including the party's intent, efforts made toward reaching an agreement, and any behavior which may be seen as inhibiting the bargaining process. Surface bargaining tactics may include making proposals the other party could never accept, taking inflexible or unreasonable stands on issues, and/or refusing to offer alternatives to proposals. Reneging on agreements already reached during the collective bargaining process, raising new issues late in the negotiations, or failing to follow generally accepted procedures for collective bargaining may also be seen as signs of surface bargaining. Based upon the "totality" of a party's a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry-wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and em ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Labor Practice
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). Schlesinger Jr., Arthur M. ''The Age of Roosevelt: The Coming of the New Deal: 1933–1935.'' Boston: Houghton Mifflin Co., 1958, p. 400-406. Definition of "unfair labor practice" The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to: *interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists *to dominate or interfere with the formation or administration of a labor organization *to discriminate against an employee from engaging in c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Labour Law
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. Regulatory framework The federal, provincial, and territorial governments all regulate labour and employment law in Canada, with the federal government regulating a few particular economic sectors and the provinces and territories regulating all others. The constitutionThe Constitution Act, 1867(U.K.), 30 & 31 Victoria, c. 3., §§91 92A, 94A, 95. gives exclusive federal jurisdiction over employment as a component of its regulatory authority for specific industries, including banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland and maritime fishing, as well as any form of transportation that crosses provincial boundaries (essentially aviation and rail transport but not highways). Employment outside of federally regulated industries falls under provincial authority for most civil (including contract) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Relations Act 2000
The New Zealand Employment Relations Act 2000 (sometimes known by its acronym, ERA) is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001 and by the ERAA (No 2) 2004. Preceding statutes The original statute governing employment relations in New Zealand was the Industrial Conciliation and Arbitration Act 1894 (ICAA). It remained in force for 80 years from 1894 to 1973. In 1973, the Third Labour Government brought in the Industrial Relations Act 1973 (IRA). In 1987, the Fourth Labour Government brought in the Labour Relations Act 1987 (LRA). In 1991, the Fourth National Government brought in the Employment Contracts Act 1991 (ECA). It was in force from 15 May 1991 to 2 October 2000 when it was repealed by the Fifth Labour Government and replaced with the ERA 2000. The ICAA and IRA gave the most power to a government agency to force employers and employ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boulwarism
Boulwarism is the tactic of making a "take-it-or-leave-it" offer in a negotiation, with no further concessions or discussion. It was named after General Electric's former vice president Lemuel Boulware, who promoted the strategy. One example of Boulwarism is a car dealership advertising "Bottom Line Pricing" on its cars, and enforcing that policy. In contrast to its use in collective bargaining, Boulwarism is a lawful negotiation tactic between private parties. Nevertheless, most negotiation experts describe Boulwarism as detrimental. (Using the above example on car sales, statistics show that buyers want a discount off the advertised price.) Experts say statistics show that while those using Boulwarism may think a take-it-or-leave-it offer shows that they are negotiators or tell all concerned that "the client means business," Boulwarism may instill resentment, bitterness, or someone taking offense. It may unintentionally cut off negotiations if the offeror was bluffing about ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CCH (company)
CCH, formerly Commerce Clearing House, is a provider of Business software, software and information services for Tax advisor, tax, Accountant, accounting and Auditor, audit workers. Since 1995 it has been a subsidiary of Wolters Kluwer. History CCH has been publishing materials on U.S. tax law and tax compliance since the inception of the modern Income tax in the United States, U.S. federal income tax in 1913. Wolters Kluwer bought the company in 1995. Today, the company is also recognized , IRS, Internal Revenue Service. for its software and integrated workflow tools. CCH operates on a global scale and includes operations in the United States, Europe, Asia-Pacific and Canada. Case law reporters The following is a list of case law reporters published by CCH: *Bankruptcy Law ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prentice Hall
Prentice Hall was an American major educational publisher owned by Savvas Learning Company. Prentice Hall publishes print and digital content for the 6–12 and higher-education market, and distributes its technical titles through the Safari Books Online e-reference service. History On October 13, 1913, law professor Charles Gerstenberg and his student Richard Ettinger founded Prentice Hall. Gerstenberg and Ettinger took their mothers' maiden names, Prentice and Hall, to name their new company. Prentice Hall became known as a publisher of trade books by authors such as Norman Vincent Peale; elementary, secondary, and college textbooks; loose-leaf information services; and professional books. Prentice Hall acquired the training provider Deltak in 1979. Prentice Hall was acquired by Gulf+Western in 1984, and became part of that company's publishing division Simon & Schuster. S&S sold several Prentice Hall subsidiaries: Deltak and Resource Systems were sold to National Education ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bureau Of National Affairs
Bloomberg Industry Group (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business information for professionals. It is headquartered in Arlington County, Virginia. The CEO of the company is Josh Eastright. The company was founded in 1929 by David Lawrence and became employee-owned in 1947. When it was acquired by Bloomberg in September 2011, it was the oldest employee-owned company in the United States. History Early history (1929–2011) The Bureau of National Affairs, Inc. (BNA) was founded in 1929 by newsman David Lawrence as a subsidiary of ''United States Daily'', now known as the '' U.S. News & World Report''. BNA's first publication was U.S. Patent, Trademark & Copyright Reports (now United States Patent Quarterly). In 1946, Lawrence sold BNA to five of his top editors: Dean Dinwoodey, John D. Stewart, Ed Donnell, Adolph Magidson and John Taylor. The editor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
