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Course Description

Understanding the key do’s and don’t of the labor law and how arbitrators interpret collective bargaining agreements is critical to operating in a union environment. Learn key aspects of operating under the NLRA, including union organizing, unfair labor practices, good faith bargaining & what happens on impasse.

Benefits to the Learner

  • Legal rights and limitations for companies and unions
    • Identifying and avoiding "unfair labor practices"
    • The legality of employee participation and self-directed work teams
    • Employee activities that are protected by law
  • The "duty to bargain"
    • An employer's bargaining obligations
    • Parameters for communicating with employees
    • The obligation to provide information
  • Representation cases
    • The election process and how it works
    • Establishing the appropriate bargaining unit
    • The employer's rights and obligations during a union organizing campaign
    • The legal and practical issues during union elections
  • Latest developments under the NLRA
  • Labor law implications of sales, acquisitions, and mergers
  • Principles of contract interpretation
    • Determining how language is construed
    • Arbitrators' views on contract language
  • The role and impact of past practice
    • Standards for defining/proving a binding past practice
    • The impact of past practice on the meaning of contract language
    • Termination of a past practice
  • The role of management's rights
    • Understanding the source of management's rights
    • How management's rights can be affected by contract language or past practices
    • How arbitrators view the doctrine of reserved rights
  • Drafting contract language
    • How to write contract language that means what you intended
    • Common drafting mistakes
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