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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 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 action ...
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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 labour rights, rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a Labor and employment law, labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, Grievance (labour), grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security. The union may negotiate with a single employer (who is typically representing a company's s ...
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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; and an insurer who uses language and reasoning which are deliberately misleading in order to deny ...
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Good Faith
In human interactions, good faith () 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 , 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, (duplicity) and perfidy (pretense). is a Latin phrase meaning "good faith". Its ablative case is , meaning "in good faith", which is often used in English as an adjective to mean "genuine". While may be translated as "faith", it embraces a range of meanings within a core concept of "reliability", in the sense of a trust between two parties for the potentiality of a relationship. For the ancient Romans, ''bona fides'' was to be assumed by both sides, with implied responsibilities and both legal and religious consequences if bro ...
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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). 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; **Examples of concerted, protected activity includes: *** Picketing ***Collective Bargaining ***Attempting to Enforce an active Collective Bargaining Agreement ***Filing an Unfair Labor Practice (ULP) charge with the National Labor Relations Board ( NLRB) ***Testifying in ULP pr ...
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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 contrac ...
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Employment Relations Act 2000
The New Zealand Employment Relations Act 2000 (often 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 employees ...
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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 strike action, 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 ...
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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 t ...
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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 Commerce Clearing House was founded in 1892 and was acquired by Oakleigh Thorne in 1907. 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. CCH owned the publisher Facts on File from 1965 to 1993. Wolters Kluwer bought CCH in 1995. Today, CCH is also recognizedIRS Corporate Returns list
, 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 an ...
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Prentice Hall
Prentice Hall was a major American publishing#Textbook_publishing, educational publisher. It published print and digital content for the 6–12 and higher-education market. It was an independent company throughout the bulk of the twentieth century. In its last few years it was owned by, then absorbed into, Savvas Learning Company. In the Web era, it distributed its technical titles through the Safari Books Online e-reference service for some years. 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. At the time the name was usually styled as Prentice-Hall (as seen for example on many title pages), per an orthographic norm for Dash#Relationships and connections, coordinate elements within such compounds (compare also ''McGraw-Hill'' with later styling as ''McGraw Hill''). Prentice-Hall became known as a publi ...
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American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's 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 24.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, about one third of the 1.3 million practicing lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024. The organization's national headquarters are in Chicago, Illinois, with a branch office in Washington, D.C.. The association is affiliated with the law, legal, and professional research sponsoring organization the American Bar Foundation. History The ABA wa ...
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Bureau Of National Affairs
Bloomberg Industry Group, Inc. (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 news and information for professionals. It is headquartered in the Crystal City section of 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 Donn ...
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